Judicial Review In An Objective Legal System
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Judicial Review In An Objective Legal System
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Author : Tara Smith
language : en
Publisher: Cambridge University Press
Release Date : 2015-07-30
Judicial Review In An Objective Legal System written by Tara Smith 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 2015-07-30 with Law categories.
This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
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.
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 Courts In Asia
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Author : Hongyi Chen
language : en
Publisher: Cambridge University Press
Release Date : 2018-09-20
Constitutional Courts In Asia written by Hongyi Chen 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 2018-09-20 with Law categories.
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Judicial Review In An Objective Legal System
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Author : Tara Smith
language : en
Publisher:
Release Date : 2015
Judicial Review In An Objective Legal System written by Tara Smith and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with LAW categories.
Judicial Review
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Author : Great Britain: Ministry of Justice
language : en
Publisher: The Stationery Office
Release Date : 2012-12-13
Judicial Review written by Great Britain: Ministry of Justice and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-13 with Law categories.
This paper sets out the Government's proposals for the reform of Judicial Review. Judicial Review is a critical check on the power of the State, providing an effective mechanism for challenging the decisions of public bodies to ensure that they are lawful. The Government is concerned that the Judicial Review process may in some cases be open to abuse, such as delaying tactics, which add to the costs of public services. This paper sets out reform on three key areas: (i) The time limits within which Judicial Review proceedings must be brought; (ii) The procedure for applying for permission to bring Judicial Review proceedings; (iii) The fees charged in Judicial Review proceedings.
Judicial Review Of Administration In Europe
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Author : Giacinto Della Cananea
language : en
Publisher: Oxford University Press
Release Date : 2021
Judicial Review Of Administration In Europe written by Giacinto Della Cananea 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 with Law categories.
This title explores the procedural and substantive principles of administration law. It uses case studies and comparative studies of procedural fairness and propriety in courts to find the similarities and differences among various legal systems. Along with several European countries, it also covers Latin America and China.
Purposive Interpretation In Law
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Author : Aharon Barak
language : en
Publisher: Princeton University Press
Release Date : 2011-10-16
Purposive Interpretation In Law written by Aharon Barak 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 2011-10-16 with Law categories.
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
The Supreme Court And Constitutional Democracy
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Author : John Agresto
language : en
Publisher: Cornell University Press
Release Date : 1984
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 1984 with Law categories.
Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.
The Living Constitution
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Author : David A. Strauss
language : en
Publisher: Oxford University Press
Release Date : 2010-05-19
The Living Constitution written by David A. Strauss 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 2010-05-19 with Law categories.
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.