Judicial Review And The Constitution
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Judicial Review And The Constitution
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Author : Christopher Forsyth
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-05-01
Judicial Review And The Constitution written by Christopher Forsyth and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05-01 with Law categories.
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.
The Doctrine Of Judicial Review
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Author : Edward S. Corwin
language : en
Publisher: Routledge
Release Date : 2017-07-05
The Doctrine Of Judicial Review written by Edward S. Corwin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 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.
Judicial Review In New Democracies
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-23
Judicial Review In New Democracies written by Tom Ginsburg 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 2003-07-23 with Law categories.
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
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.
Comparative Judicial Review
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Author : Erin F. Delaney
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-09-28
Comparative Judicial Review written by Erin F. Delaney and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
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.
Judicial Review And The Law Of The Constitution
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Author : Sylvia Snowiss
language : en
Publisher: Yale University Press
Release Date : 1990-01-01
Judicial Review And The Law Of The Constitution written by Sylvia Snowiss and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-01-01 with Law categories.
In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
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.
The Rise Of Modern Judicial Review
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Author : Christopher Wolfe
language : en
Publisher: Rowman & Littlefield
Release Date : 1994
The Rise Of Modern Judicial Review written by Christopher Wolfe and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
The People Themselves
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Author : Larry Kramer
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The People Themselves written by Larry Kramer 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 2004 with History categories.
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.