A Common Law Theory Of Judicial Review
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A Common Law Theory Of Judicial Review
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Author : W. J. Waluchow
language : en
Publisher: Cambridge University Press
Release Date : 2006-12-25
A Common Law Theory Of Judicial Review written by W. J. Waluchow and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-12-25 with Philosophy categories.
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
A Common Law Theory Of Judicial Review
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Author : Wilfrid J. Waluchow
language : en
Publisher:
Release Date : 2007
A Common Law Theory Of Judicial Review written by Wilfrid J. Waluchow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Civil rights categories.
In this study, W.J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Judges And Unjust Laws
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Author : Douglas E. Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2010-07-22
Judges And Unjust Laws written by Douglas E. Edlin and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-22 with Law categories.
Are judges legally obligated to enforce an unjust law?
Intention Supremacy And The Theories Of Judicial Review
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Author : John McGarry
language : en
Publisher: Routledge
Release Date : 2016-07-28
Intention Supremacy And The Theories Of Judicial Review written by John McGarry and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.
In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts’ judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy – and, in turn, the relationship between Parliament and the courts – is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.
The History And Growth Of Judicial Review Volume 1
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Author : Steven Gow Calabresi
language : en
Publisher: Oxford University Press
Release Date : 2021-04-13
The History And Growth Of Judicial Review Volume 1 written by Steven Gow Calabresi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-13 with Law categories.
This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume One discusses the G-20 common law countries and Israel.
The Doctrine Of Judicial Review
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Author : Edward S. Corwin
language : en
Publisher: Transaction Publishers
Release Date : 2014-07-28
The Doctrine Of Judicial Review written by Edward S. Corwin and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-28 with Law categories.
This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states’ rights. Another concerns the Pelatiah Webster Myth—the notion that the US Constitution was the work of a single person. In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court to review acts of Congress. "We, the People" examines the rights of states in relation to secession and nullification. "The Pelatiah Webster Myth" demolishes Hannis Taylor’s thesis that Webster was the "secret" author of the constitution. "The Dred Scott Decision" considers Chief Justice Taney’s argument concerning Scott’s title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties. Matthew J. Franck’s new introduction to this centennial edition situates Corwin’s career in the history of judicial review both as a concept and as a political reality.
Democracy And Distrust
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Author : John Hart Ely
language : en
Publisher: Harvard University Press
Release Date : 1981-08-15
Democracy And Distrust written by John Hart Ely and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-08-15 with Law categories.
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? 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. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Intention Supremacy And The Theories Of Judicial Review
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Author : John McGarry (Law teacher)
language : en
Publisher:
Release Date : 2017
Intention Supremacy And The Theories Of Judicial Review written by John McGarry (Law teacher) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy and, in turn, the relationship between Parliament and the courts is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law. "
Vigilance And Restraint In The Common Law Of Judicial Review
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Author : Dean R. Knight
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
Vigilance And Restraint In The Common Law Of Judicial Review written by Dean R. Knight and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with LAW categories.
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Constitutional Justice
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Author : Trevor R. S. Allan
language : en
Publisher: Oxford University Press, USA
Release Date : 2003
Constitutional Justice written by Trevor R. S. Allan and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Scope of Judicial Review