Judicial Review and the Constitution

Judicial Review and the Constitution Author C. F. Forsyth
ISBN-10 9781841131054
Release 2000
Pages 442
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This collection of essays presents opposing sides of the debate over the foundations of judicial review. In this work,however, the discussion of whether the 'ultra vires' doctrine is best characterised as a central principle of administrative law or as a harmless, justificatory fiction is located in the highly topical and political context of constitutional change. The thorough jurisprudential analysis of the relative merits of models of 'legislative intention' and 'judicial creativity' provides a sound base for consideration of the constitutional problems arising out of legislative devolution and the Human Rights Act 1998. As the historical orthodoxy is challenged by growing institutional independence, leading figures in the field offer competing perspectives on the future of judicial review. "Confucius was wrong to say that it is a curse to live in interesting times. We are witnessing the development of a constitutional philosophy which recognises fundamental values and gives them effect in the mediation of law to the people". (Sir John Laws)Contributors Nick Bamforth, Paul Craig, David Dyzenhaus, Mark Elliott, David Feldman, Christopher Forsyth, Brigid Hadfield, Jeffrey Jowell QC, Sir John Laws, Dawn Oliver, Sir Stephen Sedley, Mark Walters. With short responses by: TRS Allan, Stephen Bailey, Robert Carnworth, Martin Loughlin, Michael Taggart, Sir William Wade.

Judicial Review in EU Law

Judicial Review in EU Law Author Alexander H. Türk
ISBN-10 9781848447493
Release 2010-01-01
Pages 416
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Judicial review constitutes an important aspect of any legal system operating under the rule of law. This book provides a comprehensive account of judicial review in EU law by assessing the vast and complex case-law of the European Court of Justice (ECJ) in this area and the academic opinion which has accompanied its rulings over the years. It questions the prevalent view in academic literature that the Court s restrictive approach to allowing individuals direct access to the Community Courts, in case of a challenge against normative acts, amounts to a denial of an effective remedy. The author argues that the emerging constitutional nature of the European Union and its federal structure requires a more balanced view. While it will improve direct access for individuals to the Union's judiciary, the Lisbon Treaty will not radically alter the system of judicial review in the European Union. Judicial Review in EU Law will be of great interest to academics, and given its detailed discussion of case-law of the ECJ it will also appeal to postgraduate students of European law. Dealing with an important aspect of legal practice, it will be invaluable reading for practitioners in law firms and officials working in local, regional and central government.

Judicial Review

Judicial Review Author Susana Galera
ISBN-10 9287167230
Release 2010-01-01
Pages 330
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"The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role. This trend is also characterized by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls. This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled. Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law. The authors conclude that the issue of individual guarantees vis-à-vis public powers should be carefully monitored in Europe."--

Human Rights and Judicial Review

Human Rights and Judicial Review Author David M. Beatty
ISBN-10 0792329686
Release 1994-07-21
Pages 361
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"Human Rights and Judicial Review: A Comparative Perspective" collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.

The Constitutional Foundations of Judicial Review

The Constitutional Foundations of Judicial Review Author Mark Elliott
ISBN-10 9781841131801
Release 2001
Pages 260
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Recent years have witnessed a vibrant debate concerning the constitutional basis of judicial review, which reflects a broader discourse about the role of the courts, and their relationship with the other institutions of government, within the constitutional order. This book comprehensively analyzes the foundations of judicial review. It subjects the traditional justification, based on the doctrine of ultra vires, to critical scrutiny and fundamental reformulation, and it addresses the theoretical challenges posed by the impact of the Human Rights Act 1998 on administrative law and by the extension of judicial review to prerogative and non-statutory powers. It also explores the relationship between the theoretical basis of administrative law and its practical capacity to safeguard individuals against maladministration. The book seeks to develop a constitutional rationale for judicial review which founds its legitimacy in core principles such as the rule of law, the separation of powers and the sovereignty of Parliament. It presents a detailed analysis of the interface between constitutional and administrative law, and will be of interest to all public lawyers.

Judicial Review in the Commonwealth Caribbean

Judicial Review in the Commonwealth Caribbean Author Rajendra Ramlogan
ISBN-10 9781136775604
Release 2013-01-11
Pages 344
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The establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasingly those influencing the debate are a more educated and articulate Caribbean people, insisting on proper governance of the area's public bodies. This new book analyzes judicial review, a mechanism for achieving public justice, through emerging case law in the hope that it will cast light on the jurisprudential evolution of Caribbean society in the twenty-first century. Bringing together cases and materials on judicial review in the Caribbean for the first time, this book examines what judicial review is, before going on to discuss the grounds, obstacles and conduct within the judicial review process. It concludes by examining the future of judicial review and justice more generally in the Caribbean. Legal professionals in the Caribbean will find it a useful and comprehensive reference tool.

Judicial Review of Constitutional Amendments

Judicial Review of Constitutional Amendments Author Kemal Gözler
ISBN-10 9789944141734
Release 2008
Pages 126
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This monograph is an attempt to answer the following questions: Can constitutional courts review the constitutionality of constitutional amendments? If yes, to what extent? It is endeavored, in a comparative perspective, to answer these questions by examining the constitutions of several countries and the case law of the Austrian, German, Hungarian, Romanian, Slovenian and Turkish Constitutional Courts, French Constitutional Council, Indian, Irish, and the United States Supreme Courts.

Judicial Review in State Supreme Courts

Judicial Review in State Supreme Courts Author Laura Langer
ISBN-10 9780791489246
Release 2012-02-01
Pages 344
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Unveils the considerable policy-making powers of state supreme courts.

Judicial Review and Social Welfare

Judicial Review and Social Welfare Author Trevor Buck
ISBN-10 185567422X
Release 1998-08-13
Pages 338
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The essays that comprise this collection focus on the impact and future developments of judicial review in a number of social welfare situations that include homelessness, housing benefit, immigration and social security, to name but a few.

Judicial Control

Judicial Control Author Rob Bakker
ISBN-10 9062155081
Release 1995
Pages 165
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Judicial Control has been writing in one form or another for most of life. You can find so many inspiration from Judicial Control also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Judicial Control book for free.

Judicial Review in American History

Judicial Review in American History Author Kermit Hall
ISBN-10 STANFORD:36105038340761
Release 1987
Pages 696
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This work is a collection of essays discussing the historical theory and political debate over judicial review in America. The repeated scholarly and public considerations of the legitimacy of judicial review by an unelected judiciary throughout American history are reviewed these articles.

Judicial Review in New Democracies

Judicial Review in New Democracies Author Tom Ginsburg
ISBN-10 0521520398
Release 2003-07-23
Pages 295
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This book examines three countries in Asia to determine why new democracies adopt judicial review.

Democracy and Distrust

Democracy and Distrust Author John Hart Ely
ISBN-10 0674196376
Release 1980
Pages 268
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Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. Mr. Ely demonstrates that both of these approaches are inherently incomplete and inadequate. --from publisher description.

Judicial Review in European Union Law Essays in Honour of Lord Slynn

Judicial Review in European Union Law Essays in Honour of Lord Slynn Author David O'Keeffe
ISBN-10 9789041113726
Release 2000-06-14
Pages 674
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Paradigm in Judicial Review

Judicial Review of Legislation

Judicial Review of Legislation Author Gerhard van der Schyff
ISBN-10 9789048190027
Release 2010-06-16
Pages 220
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Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.

Judicial Review the Human Rights Act

Judicial Review   the Human Rights Act Author Richard Gordon
ISBN-10 9781135347147
Release 2013-05-13
Pages 342
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The Human Rights Act 1998 had a profound effect on the law of the United Kingdom,and in no area more so than judicial review. This book gives practical guidance on the interplay between the Act and domestic public law.

Rights Emergencies and Judicial Review

Rights  Emergencies  and Judicial Review Author Imtiaz Omar
ISBN-10 9041102299
Release 1996-04-24
Pages 395
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This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the Critical Legal Studies tradition. The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.