Legal Theory In The Crucible Of Constitutional Justice
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Legal Theory In The Crucible Of Constitutional Justice
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Author : Rory O'Connell
language : en
Publisher: Dartmouth Publishing Company
Release Date : 2000
Legal Theory In The Crucible Of Constitutional Justice written by Rory O'Connell and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Constitutional adjudication straddles law and politics, legal and political theory. Referring to legal controversies in Canada (free expression), Ireland (sexual morality) and Italy (religion), this book examines how constitutional judgements rely upon unarticulated political commitments. This interaction between "law" and "morality" allows us to escape the dichotomy of natural law versus positivism in a time when judges increasingly act as moral guardians.
The Constitutional Balance
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Author : John Laws
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-28
The Constitutional Balance written by John Laws and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-28 with Law categories.
In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
Constitutional Justice
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Author : Trevor R. S. Allan
language : en
Publisher: Oxford University Press, USA
Release Date : 2003
Constitutional Justice written by Trevor R. S. Allan 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 2003 with Law categories.
Scope of Judicial Review
Constitutional Justice
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Author : Trevor R. S. Allan
language : en
Publisher:
Release Date : 2001
Constitutional Justice written by Trevor R. S. Allan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Constitutional law categories.
"The book explains the essential connections between a range of matters critical to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The limits of parliamentary sovereignty are shown to derive from its status as a common law doctrine, when the common law is interpreted as a deliberative process of moral argument and justification. Legislative supremacy is qualified by a counter-balancing judicial sovereignty, ensuring the protection of fundamental common law rights of procedural fairness and equality."--BOOK JACKET.
Law And Legitimacy In The Supreme Court
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Author : Richard H. Fallon Jr.
language : en
Publisher: Harvard University Press
Release Date : 2018-02-19
Law And Legitimacy In The Supreme Court written by Richard H. Fallon Jr. and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-19 with Law categories.
Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy. Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate. Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
Justice In Plainclothes
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Author : Lawrence G. Sager
language : en
Publisher: Yale University Press
Release Date : 2008-10-01
Justice In Plainclothes written by Lawrence G. Sager 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 2008-10-01 with Law categories.
In this important book, Lawrence Sager, a leading constitutional theorist, offers a lucid understanding and compelling defense of American constitutional practice. Sager treats judges as active partners in the enterprise of securing the fundamentals of political justice, and sees the process of constitutional adjudication as a promising and distinctly democratic addition to that enterprise. But his embrace of the constitutional judiciary is not unqualified. Judges in Sager’s view should and do stop short of enforcing the whole of the Constitution; and the Supreme Court should welcome rather than condemn the efforts of Congress to pick up the slack. Among the surprising fruits of this justice-seeking account of American constitutional practice are a persuasive case for the constitutional right to secure a materially decent life and sympathy for the obduracy of the Constitution to amendment. No book can end debate in this conceptually tumultuous area; but Justice in Plainclothes is likely to help shape the ongoing debate for years to come.
The Policy Of Law
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Author : Mauro Zamboni
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-11-19
The Policy Of Law written by Mauro Zamboni and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-19 with Law categories.
The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored. "Zamboni ranges broadly and knowledgeably over vast areas of legal theory. But it is no mere taxonomising - his argument is valuable and original. It is clear, learned and never boring." [Zenon Bankowski, University of Edinburgh].
Central European Constitutional Courts In The Face Of Eu Membership
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Author : Allan F. Tatham
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-03-21
Central European Constitutional Courts In The Face Of Eu Membership written by Allan F. Tatham 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 2013-03-21 with Law categories.
Central European Constitutional Courts in the Face of EU Membership explores German legal influence on other systems of constitutional justice, concentrating on the impact of the Federal Constitutional Court’s approach to EU integration on constitutional courts in Hungary and Poland.
The Meaning Of The Constitution
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Author : Gary C. Leedes
language : en
Publisher:
Release Date : 1986
The Meaning Of The Constitution written by Gary C. Leedes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.
This text provides an in depth look into the relationship of society and the courts. The methodology adopted by judges when interpreting the Constitution, and the courts' consideration of basic social values are reviewed.
Economic And Social Rights Law
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Author : Katie Boyle
language : en
Publisher: Routledge
Release Date : 2020-06-09
Economic And Social Rights Law written by Katie Boyle and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-09 with Law categories.
This book develops principles of adjudication to facilitate accountability for violations of Economic and Social Rights. Economic and Social Rights engage with areas relating to social justice and their violation tends to impact on the most vulnerable members of society. Taking the UK as a case study, the book draws on international experience and comparative practice, including progressive reform at the devolved subnational level, that demonstrate the potential reach of Economic and Social Rights when the rights are given legal standing in domestic settings according to their status in international law. The work looks at different models of incorporation of rights into domestic law and sets out existing justiciability mechanisms for their enforcement as well as future models open to development. In so doing the book develops principles of adjudication drawn from deliberative democracy theory that help address some of the critiques of social rights adjudication. This book will have a global and cross-sectoral appeal to legal practitioners, the judiciary and the civil services, as well as to researchers, academics and students in the fields of human rights law, comparative constitutional law and deliberative democracy theory. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.