Judicial Review In The Contemporary World

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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.

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.

Judicial Review And Contemporary Democratic Theory

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Author : Scott E. Lemieux
language : en
Publisher: Routledge
Release Date : 2017-11-03

Judicial Review And Contemporary Democratic Theory written by Scott E. Lemieux and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-03 with Political Science categories.

For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.

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.

Responsive Judicial Review

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Author : Rosalind Dixon
language : en
Publisher: Oxford University Press
Release Date : 2023-01-18

Responsive Judicial Review written by Rosalind Dixon 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 2023-01-18 with Law categories.

Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea. In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions—through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system's responsiveness to democratic majority understandings. The idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a 'weakened' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality, and an embrace of 'weak – strong' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.

Judicial Review In International Perspective

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Author : Gordon Slynn Baron Slynn of Hadley
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-01-01

Judicial Review In International Perspective written by Gordon Slynn Baron Slynn of Hadley and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-01 with Law categories.

Lord Slynn of Hadley is one of the outstanding judges of his time. He has served as a High Court Judge, as an Advocate General and a Judge of the European Court of Justice, and he has been a Lord of Appeal for ten years. This Liber Amicorum bears testimony to the international reputation that he has achieved for his judgments and for his scholarship. In the many distinguished contributions, judges from international courts and from Supreme Courts and Constitutional Courts, together with academics from leading universities around the world, have taken the opportunity to celebrate the accomplishments of Lord Slynn's legal career thus far, and also to discuss areas of law where Lord Slynn can be expected to give important impulses to further development. `Mr Gordon Slynn was outstanding. The best I have ever known. He will go far.' Lord Denning, Master of the Rolls, 1980.

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.

The Culture Of Judicial Independence

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Author : Shimon Shetreet
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-09-12

The Culture Of Judicial Independence written by Shimon Shetreet and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-12 with Law categories.

This volume offers an in depth analysis of current issues of culture of judicial independence in comparative perspective by senior academics, judges and practitioners across jurisdictions. It deals with central topics that stand high in the academic and public discourse on the role of judges in society and in the system of government, their constitutional position, and the relations between top domestic courts and international and supra-national courts.

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.

Judicial Review Of Administrative Action

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Author : Swati Jhaveri
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-18

Judicial Review Of Administrative Action written by Swati Jhaveri 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 2021-03-18 with Law categories.

Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.