Rights Based Constitutional Review
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Rights Based Constitutional Review
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Author : John Bell
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-04-29
Rights Based Constitutional Review written by John Bell 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 2016-04-29 with Law categories.
Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.
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.
Political Constitutionalism
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Author : Richard Paul Bellamy
language : en
Publisher:
Release Date : 2007
Political Constitutionalism written by Richard Paul Bellamy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Constitutional law categories.
The Constitutional Foundations Of Judicial Review
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Author : Mark Elliott
language : en
Publisher: Bloomsbury Publishing
Release Date : 2001-03-16
The Constitutional Foundations Of Judicial Review written by Mark Elliott and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-16 with Law categories.
Recent years have witnessed a vibrant debate concerning the constitutional basis of judicial review,which reflects a broader discourse about the role of the courts, and their relationship with the other institutions of government, within the constitutional order. This book comprehensively analyses the foundations of judicial review. It subjects the traditional justification, based on the doctrine of ultra vires, to criticial scrutiny and fundamental reformulation, and it addresses the theoretical challenges posed by the impact of the Human Rights Act 1998 on administrative law and by the extension of judicial review to prerogative and non-statutory powers. It also explores the relationship between the theoretical basis of administrative law and its practical capacity to safeguard individuals against maladministration. The book seeks to develop a constitutional rationale for judicial review which founds its legitimacy in core principles such as the rule of law, the separation of powers and the sovereignty of Parliament. It presents a detailed analysis of the interface between constitutional and administrative law, and will be of interest to all public lawyers.
Constitutional Review Under The Uk Human Rights Act
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Author : Aileen Kavanagh
language : en
Publisher: Cambridge University Press
Release Date : 2009-05-07
Constitutional Review Under The Uk Human Rights Act written by Aileen Kavanagh 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 2009-05-07 with Law categories.
Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.
Political Constitutionalism
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Author : Richard Bellamy
language : en
Publisher: Cambridge University Press
Release Date : 2007-09-13
Political Constitutionalism written by Richard Bellamy 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 2007-09-13 with Political Science categories.
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Beyond Constitutionalism
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Author : Nico Krisch
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-10-28
Beyond Constitutionalism written by Nico Krisch 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 2010-10-28 with Law categories.
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Advanced Introduction To Comparative Constitutional Law
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Author : Mark Tushnet
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-03-30
Advanced Introduction To Comparative Constitutional Law written by Mark Tushnet 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 2018-03-30 with Law categories.
Mark Tushnet excels in updating the Advanced Introduction to Comparative Constitutional Law. In this second edition Tushnet includes new material based on developments in practice and scholarship since the original edition’s publication back in 2014. Topics which are given substantial additional attention include abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments, recent developments in weak- and strong-form constitutional review, and expanded consideration of third generation rights. This title will appeal to those who fell in love with the first edition and those who are interested in learning more about Comparative Constitutional Law.
Constitutional Law And Precedent
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Author : Monika Florczak-Wątor
language : en
Publisher: Routledge
Release Date : 2022-03-30
Constitutional Law And Precedent written by Monika Florczak-Wątor and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-30 with Law categories.
This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Judicial Review In Equal Treatment Cases
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Author : Janneke Gerards
language : en
Publisher: BRILL
Release Date : 2005-05-01
Judicial Review In Equal Treatment Cases written by Janneke Gerards and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-05-01 with Law categories.
In this study, a general model is developed for judicial assessment of equal treatment cases. The model is based on theoretical research after the standards that should be used in assessing cases against the general principle of equal treatment, supplemented by an elaborate comparative analysis of the equal treatment case law in various legal systems. The result of this approach is an assessment model that is both theoretically sound and workable in practice. The use of the model by the courts will improve judicial reasoning and enhance the legitimacy of equal treatment case law.