Intention Supremacy And The Theories Of Judicial Review
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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.
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. "
The Constitutional Foundations Of Judicial Review
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Author : Mark Elliott
language : en
Publisher: Hart Publishing
Release Date : 2001-03
The Constitutional Foundations Of Judicial Review written by Mark Elliott and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03 with Law categories.
This book comprehensively analyses the foundations of judicial review.
Judicial Review And The Constitution
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Author : Christopher Forsyth
language : en
Publisher: Hart Publishing
Release Date : 2000-08-04
Judicial Review And The Constitution written by Christopher Forsyth and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-08-04 with Law categories.
Contains papers and comments from the conference on the Foundations of Judicial Review, held in Cambridge, England, May 22, 1999, and some previously published papers.
Court Over Constitution
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Author : Edward Samuel Corwin
language : en
Publisher:
Release Date : 1957
Court Over Constitution written by Edward Samuel Corwin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1957 with Constitutional history categories.
Words That Bind
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Author : John Arthur
language : en
Publisher:
Release Date : 1995
Words That Bind written by John Arthur and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Philosophy categories.
The words of the U.S. Constitution limit the possibilities of political action: they bind us in certain ways. How they bind us, however, depends upon how these words are interpreted and upon the distinctively American practice of judicial review.In Words That Bind, John Arthur examines conflicting theories of constitutional interpretation and judicial review, arguing that each of the dominant legal approaches--from original intent to law and economics, from legal pragmatism to critical legal studies--rests on a distinct philosophical conception of democracy.Turning to recent work in political philosophy, Arthur explores the important but oft-ignored implications of both utilitarianism and social contract theory for constitutional interpretation and judicial review. He addresses such important and contested issues as the justification of rights, the rule of law, popular consent, equality, and feminist constitutional theory. The book makes an especially significant contribution through the fruitful interaction of two traditions: constitutional jurisprudence and contemporary political theory. Words That Bind presents a careful and nuanced treatment of a set of ideas and institutional forms absolutely central to U.S. democracy. Arguing that neither legal theory nor political philosophy can proceed independently of the other, Arthur illuminates both topics as no other recent author has.
The Supreme Court And Constitutional Democracy
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Author : John Agresto
language : en
Publisher: Cornell University Press
Release Date : 2016-10-15
The Supreme Court And Constitutional Democracy written by John Agresto and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-15 with Law categories.
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Weak Courts Strong Rights
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2009-07-20
Weak Courts Strong Rights written by Mark Tushnet and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-20 with Political Science categories.
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Judicial Review In The Contemporary World
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Author : Mauro Cappelletti
language : en
Publisher: MICHIE
Release Date : 1971
Judicial Review In The Contemporary World written by Mauro Cappelletti and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Law categories.
Constitutional Interpretation
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Author : Keith E. Whittington
language : en
Publisher:
Release Date : 1999
Constitutional Interpretation written by Keith E. Whittington and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Social Science categories.
With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.