Judicial Review And Social Welfare
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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 And Social Welfare
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Author : Trevor Buck
language : en
Publisher: A&C Black
Release Date : 1998-08-13
Judicial Review And Social Welfare written by Trevor Buck and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-08-13 with Political Science categories.
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.
Protecting Private Property With Constitutional Judicial Review
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Author : Daniel H. Cole
language : en
Publisher:
Release Date : 2008
Protecting Private Property With Constitutional Judicial Review written by Daniel H. Cole and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
This article proposes that constitutional judicial review should be subject to a social welfare analysis to determine when and if such review is efficient in enhancing social welfare. A model is proposed in which property rights protection is a component of social costs. Judicial review is then assumed to, on net, either add to or subtract from those costs, affecting social welfare generally. It will be shown that under realistic conditions, reflected in real instances, judicial review might not enhance economic efficiency or overall social welfare. We show that the efficiency of constitutional judicial review is likely to vary within the larger institutional context.
Judicial Review
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Author : Frances Patterson
language : en
Publisher: Jordan Publishing (GB)
Release Date : 2011
Judicial Review written by Frances Patterson and has been published by Jordan Publishing (GB) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Judicial review categories.
The process of judicial review offers claimants the opportunity to challenge the decisions of public bodies that carry out functions of state. Due to the increasing importance of this area, since April 2009 such cases have been heard not only in the Administrative Division of the High Court in London, but also in new Regional Divisions throughout England and Wales.To coincide with the regionalisation project, Judicial Review: Law and Practice has been written to provide practitioners with a comprehensive introduction to judicial review proceedings. It covers the substantive law of judicial review including grounds of review and remedies, and looks in detail at the practice and procedure specific to such claims. The largest part of the work is dedicated to individual areas of the law where judicial review is relevant, including town and country planning, community care and social welfare, immigration, housing, mental health, education and licensing. It therefore provides a wide-ranging coverage of administrative law and its niche practice areas including essential procedural rules, forms and guidance issued by the Administrative Court. Whether you are a specialist public lawyer or whether you practise in areas of law where expertise in judicial review is required, Judicial Review: Law and Practice provides the guidance you need to take on and manage cases confidently. This work also includes precedents and procedural guides to provide a comprehensive practice toolbox.
Judicial Review Socio Economic Rights And The Human Rights Act
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Author : Ellie Palmer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-08-31
Judicial Review Socio Economic Rights And The Human Rights Act written by Ellie Palmer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-31 with Law categories.
In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.
Human Rights And Judicial Review A Comparative Perspective
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Author : David M. Beatty
language : en
Publisher: BRILL
Release Date : 2021-09-27
Human Rights And Judicial Review A Comparative Perspective written by David M. Beatty and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
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.
Social Work And The Courts
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Author : Daniel Pollack
language : en
Publisher: Psychology Press
Release Date : 2003
Social Work And The Courts written by Daniel Pollack and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Public welfare categories.
Social Work and the Courts is a compendium of the most recent and important legal cases in social work and social welfare. Its dissection and analysis of crucial cases makes it an excellent tool for teaching social workers to understand the legal system and its operation. The book demonstrates how courts view and deal with the performance, action, and conduct of social workers and their agencies. This second edition includes more case studies, paying particular attention to recent cases on foster care and child welfare. In addition, a new section on "References and Further Readings" has been added to the end of each chapter along with an update bibliography and Internet bibliography so that readers may easily find supplementary information.
Social Systems Theory And Judicial Review
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Author : Katayoun Baghai
language : en
Publisher: Routledge
Release Date : 2016-03-03
Social Systems Theory And Judicial Review written by Katayoun Baghai and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society. The result is a thought-provoking account of conceptual and doctrinal developments concerning racial discrimination, race-based affirmative action, freedom of religion, and prohibition of its establishment, detailing the Court’s response to boundary tensions between functionally differentiated social systems. Preliminary examination of the European Court of Human Rights’ privacy jurisprudence suggests the pertinence of the analytic framework to other rights and jurisdictions. This contribution is particularly timely in the context of increasing appeals to fundamental rights around the world and the growing role of national and international high courts in determining their concrete meanings.
Salvaging The Welfare State The Prospects For Judicial Review Of The Canada Health Social Transfer
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Author : Lorne Sossin
language : en
Publisher:
Release Date : 2008
Salvaging The Welfare State The Prospects For Judicial Review Of The Canada Health Social Transfer written by Lorne Sossin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
The Canadian Health and Social Transfer ("CHST"), which came into force on April 1, 1996, contains no national standards relating to the quality of social welfare. The goal of this new transfer was to promote provincial flexibility in the sphere of social policy. The author argues that this flexibility may undermine the core of the Canadian welfare state. Given the preoccupation of the provincial and federal governments with devolution, welfare recipients must turn to the judiciary to determine the "bottom line" of the welfare state. The author explores the various constitutional and administrative law grounds on which the federal government's spending power under the CHST could be constrained. He concludes that while judicial review may serve as a useful catalyst for reexamining the normative foundation of the Canadian welfare state (as it arguably has in the U.S. context), current administrative and constitutional jurisprudence make a successful challenge of the CHST unlikely.
De Smiths Judicial Review
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Author : The Right Hon Lord Woolf
language : en
Publisher:
Release Date : 2021-10
De Smiths Judicial Review written by The Right Hon Lord Woolf and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10 with Judicial review of administrative acts categories.