The Constitutional Review
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The Constitutional Review
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Author :
language : en
Publisher:
Release Date : 1929
The Constitutional Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1929 with Constitutional law categories.
Includes section "Book reviews".
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.
The Constitutional Review Process
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Author : John Mutakha Kangu
language : en
Publisher:
Release Date : 2001
The Constitutional Review Process written by John Mutakha Kangu 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 Constitutional Review
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Author : Arne Mavčič
language : en
Publisher:
Release Date : 2009
The Constitutional Review written by Arne Mavčič and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
Constitutional Review In Europe
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Author : Maartje De Visser
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-11-22
Constitutional Review In Europe written by Maartje De Visser and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-22 with Law categories.
Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'être, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law.
Report Of The Constitutional Review Commission
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Author : Kentucky. Constitution Review Commission
language : en
Publisher:
Release Date : 1950
Report Of The Constitutional Review Commission written by Kentucky. Constitution Review Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1950 with Constitutional law categories.
The Constitutional Review
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Author : Henry Campbell Black
language : en
Publisher: Legare Street Press
Release Date : 2022-10-27
The Constitutional Review written by Henry Campbell Black and has been published by Legare Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-27 with History categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Constitutional Review And Democracy
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Author : Miodrag A. Jovanović
language : en
Publisher:
Release Date : 2015
Constitutional Review And Democracy written by Miodrag A. Jovanović and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Constitutional law categories.
This volume is a follow-up to the conference 'Constitutional Review and Democracy, ' organized in November 2013 at the Faculty of Law, University of Belgrade. The conference was convened as part of the ongoing project 'Constitutionalism and Rule of Law in the Nation-State Building: The Case of Serbia.' The book sheds new light on the complex relation between democracy and judicial review of constitutionality. It starts off with some general and theoretical aspects of the debate. Then, the second section discusses constitutional review in the European transnational setting, while the third part explores the dynamics between parliaments and highest courts in constitutional democracies without the formalized constitutional review. Finally, the book addresses the role of constitutional review in the processes of democratic transition and consolidation. Contents include: *** Part I: General Aspects and Theoretical Problems [Establishing Effective Constitutional Review * The Theory of Constitutional Review * Always above the Law? Justification of Constitutional Review Revisited * On the Abstract Case against Constitutional Review] *** Part II: Constitutional Review beyond the Nation State [Constitutional Review in a Democratic Deficit Setting: The Case of the European Union * Authority of European Human Rights Law: Lessons for Constitutional Law * Ban on Political Parties in a Dialogue of Jurisdictions: Cases against Turkey, Bulgaria, and Spain] *** Part III: Constitutionalism and Democracy without Review [Lingering with Intent: The UK Constitutional Review * Constitutional Review and Democracy in the Netherlands: Balancing Legislative and Judicial Powers in an Internationalized Legal Order] *** Part IV: Constitutional Review and Democratic Transition [Constitutional Justice and the Rule of Law: The Contribution of the Spanish Constitutional Court to the Consolidation of Democracy * The Romanian Constitutional Judge: Lost in Transition * Finding Ways through the Clouds of Uncertainty, Searching for Paths in the Desert of Sorrow: The Functioning of Constitutional Justice in a Non-Consolidated Democracy * Constitutional Review and the Parliamentary Supermajority: The Hungarian Example * The Role of the Constitutional Court of Serbia in Developing Constitutional Democracy: The Example of a Dispute on the Legal Nature of Representative Mandate]. (Series: Democracy and the Rule of Law - Vol. 5) [Subject: Constitutional Law, International Law
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.
Judicial Review And The Constitution
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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.