Judicial Review Of Constitutional Questions

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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.

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.

The Rise Of Modern Judicial Review

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Author : Christopher Wolfe
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 1994

The Rise Of Modern Judicial Review written by Christopher Wolfe and has been published by Bloomsbury Publishing PLC 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

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Author : Jonathan Auburn
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21

Judicial Review written by Jonathan Auburn and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.

Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review. Written by three experienced practitioners, Judicial Review: Principles and Procedure includes chapters on the most common grounds for bringing a claim, such as procedural fairness and irrationality, but also covers emerging grounds such as delay on the part of public bodies and error of fact. In addition, the authors provide a separate, detailed treatment of areas such as administrative policies and the public sector equality duty. Each element of this complex area of law is carefully broken down to ensure that answers are always easy to find and, where the law is in doubt, the dispute is concisely stated and the view most likely to be preferred by the courts is expressed. The book analyses in detail the issues that are likely to arise in practice, with thorough and up-to-date reference to case law throughout. It incorporates the jurisprudence arising out of the Human Rights Act 1998, providing practitioners with a complete yet practical treatment of each relevant topic. The book contains comprehensive coverage of procedural matters in each stage of a claim, from pre-action to costs, and includes a chapter on European Union law from Marie Demetriou QC of Brick Court Chambers, providing a uniquely full treatment of all the issues which might be encountered in practice.

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.

Cases Materials On Constitutional Administrative Law

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Author : Brian Thompson
language : en
Publisher: Oxford University Press
Release Date : 2017

Cases Materials On Constitutional Administrative Law written by Brian Thompson 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 2017 with Law categories.

Cases & Materials on Constitutional & Administrative Law provides students with a comprehensive selection of legal resources to accompany their studies. Extracts from leading cases, academic works, and political documents are drawn together with incisive author commentary and thought-provoking questions to highlight the historical debates and ongoing development of the subject. The authors take a critical look at the doctrines of constitutional law and the principles of administrative law, showing how the constitution operates in relation to Parliament, the Executive, and the citizen. Online Resource Centre This book is supported by an Online Resource Centre providing a wide range of extra resources to further support students in their studies, including: - Updates in constitutional and administrative law - An extensive range of web links - An interactive timeline of significant public law events throughout history - 'Oxford News Now'- a live feed on topical public law issues, sourced from news websites such as the BBC and Guardian

The Courts And Social Policy

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Author : Donald L. Horowitz
language : en
Publisher: Brookings Institution Press
Release Date : 2010-12-10

The Courts And Social Policy written by Donald L. Horowitz and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-10 with Political Science categories.

In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests

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.

Visions Of Judicial Review

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Author : Benjamin Bricker
language : en
Publisher:
Release Date : 2016

Visions Of Judicial Review written by Benjamin Bricker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Political Science categories.

This book establishes a framework to consider the value of judicial review in modern democracy, grouping answers to this question into one of three main arguments, or 'visions' for judicial review: legalist; rights-protecting; and majoritarian.

Limited Government And Judicial Review

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Author : Durga Das Basu
language : en
Publisher:
Release Date : 1972

Limited Government And Judicial Review written by Durga Das Basu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Constitutional law categories.