The Constitutional Foundations Of Judicial Review
DOWNLOAD
Download The Constitutional Foundations Of Judicial Review PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Constitutional Foundations Of Judicial Review book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Constitutional Foundations Of Judicial Review
DOWNLOAD
Author : Mark Elliott
language : en
Publisher: Hart Publishing
Release Date : 2001-03
The Constitutional Foundations Of Judicial Review written by Mark Elliott and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03 with Law categories.
This book comprehensively analyses the foundations of judicial review.
Judicial Review And The Constitution
DOWNLOAD
Author : Christopher Forsyth
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-05-01
Judicial Review And The Constitution written by Christopher Forsyth and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05-01 with Law categories.
This collection of essays presents opposing sides of the debate over the foundations of judicial review. In this work,however, the discussion of whether the 'ultra vires' doctrine is best characterised as a central principle of administrative law or as a harmless, justificatory fiction is located in the highly topical and political context of constitutional change. The thorough jurisprudential analysis of the relative merits of models of 'legislative intention' and 'judicial creativity' provides a sound base for consideration of the constitutional problems arising out of legislative devolution and the Human Rights Act 1998. As the historical orthodoxy is challenged by growing institutional independence, leading figures in the field offer competing perspectives on the future of judicial review. “Confucius was wrong to say that it is a curse to live in interesting times. We are witnessing the development of a constitutional philosophy which recognises fundamental values and gives them effect in the mediation of law to the people”. (Sir John Laws) Contributors Nick Bamforth, Paul Craig, David Dyzenhaus, Mark Elliott, David Feldman, Christopher Forsyth, Brigid Hadfield, Jeffrey Jowell QC, Sir John Laws, Dawn Oliver, Sir Stephen Sedley, Mark Walters. With short responses by: TRS Allan, Stephen Bailey, Robert Carnworth, Martin Loughlin, Michael Taggart, Sir William Wade.
The Doctrine Of Judicial Review
DOWNLOAD
Author : Edward S. Corwin
language : en
Publisher: Transaction Publishers
Release Date : 2014-07-28
The Doctrine Of Judicial Review written by Edward S. Corwin and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-28 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.
Intention Supremacy And The Theories Of Judicial Review
DOWNLOAD
Author : John McGarry
language : en
Publisher: Routledge
Release Date : 2016-07-28
Intention Supremacy And The Theories Of Judicial Review written by John McGarry and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.
In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts’ judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy – and, in turn, the relationship between Parliament and the courts – is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.
Judges And Unjust Laws
DOWNLOAD
Author : Douglas E. Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2010-07-22
Judges And Unjust Laws written by Douglas E. Edlin and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-22 with Law categories.
Are judges legally obligated to enforce an unjust law?
Political Foundations Of Judicial Supremacy
DOWNLOAD
Author : Keith E. Whittington
language : en
Publisher: Princeton University Press
Release Date : 2009-03-09
Political Foundations Of Judicial Supremacy written by Keith E. Whittington 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 2009-03-09 with Law categories.
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Philosophical Foundations Of Constitutional Law
DOWNLOAD
Author : David Dyzenhaus
language : en
Publisher: Oxford University Press
Release Date : 2016
Philosophical Foundations Of Constitutional Law written by David Dyzenhaus 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 2016 with Law categories.
This is a collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.
The Doctrine Of Judicial Review Its Legal And Historical Basis And Other Essays
DOWNLOAD
Author : Edward Samuel Corwin
language : en
Publisher: General Books
Release Date : 2012-02-01
The Doctrine Of Judicial Review Its Legal And Historical Basis And Other Essays written by Edward Samuel Corwin and has been published by General Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with categories.
General Books publication date: 2009 Original publication date: 1914 Original Publisher: Princeton University Press Subjects: Constitutional history United States Judicial review Law / Civil Procedure Law / Constitutional Law / Courts Political Science / Constitutions Political Science / Government / Judicial Branch Notes: This is an OCR reprint. There may be typos or missing text. There are no illustrations or an index. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. You can also preview the book there.
Judicial Review Of Administrative Discretion In The Administrative State
DOWNLOAD
Author : Jurgen de Poorter
language : en
Publisher: Springer
Release Date : 2019-06-07
Judicial Review Of Administrative Discretion In The Administrative State written by Jurgen de Poorter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-07 with Law categories.
This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.
The Rise Of Modern Judicial Review
DOWNLOAD
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.