Vigilance And Restraint In The Common Law Of Judicial Review
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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.
The Doctrine Of Judicial Review
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Author : Edward Samuel Corwin
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2010-11
The Doctrine Of Judicial Review written by Edward Samuel Corwin and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11 with Constitutional history categories.
Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts.
Judicial Review And The Law Of The Constitution
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Author : Sylvia Snowiss
language : en
Publisher: Yale University Press
Release Date : 1990-01-01
Judicial Review And The Law Of The Constitution written by Sylvia Snowiss 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 1990-01-01 with Law categories.
In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
Public Law In Israel
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Author : Itzhak Zamir
language : en
Publisher: Oxford University Press on Demand
Release Date : 1996
Public Law In Israel written by Itzhak Zamir and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
The origins of this work lie in an attempt by Israeli lawyers to describe and analyse the remarkable efforts of the Supreme Court of Israel to intervene in all kinds of government actions on behalf of basic civil rights and the preservation of the rule of law. Working essentially with the basic English common law tools of constitutional and administrative law, and without the aid of a written Bill of Rights, The Supreme Court recognized that Israel's special political and social realitieswarranted an extraordinary judicial vigilance. Its rich bounty of jurisprudence reveals a judiciary prepared to deviate from the established common law rules concerning non-justiciability, administrative discretion and judicial restraint, as well as the ordinary rules of locus standi whenever faced with the denial of justice or of deprivation of basic civil rights. The book is divided into three sections: human rights; adminstrative action; and judicial review. The format of the book is a series of chapters examining the principal topics under each of these headings followed by selected primary sources - either laws enacted by the Knesset or decisions of the Supreme Court. In this form it gives the readers both an excellent overview of the present state of public law in Israel as well as access to the sources required to understand, at a more profound level, the forces which shape it.
Judicial Review Of Administrative Action
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Author : Swati Jhaveri
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-18
Judicial Review Of Administrative Action written by Swati Jhaveri 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 2021-03-18 with Law categories.
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Non Statutory Executive Powers And Judicial Review
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Author : Jason Grant Allen
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-25
Non Statutory Executive Powers And Judicial Review written by Jason Grant Allen 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 2022-08-25 with Law categories.
That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a “third source” of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.
Judicial Review Handbook
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Author : Michael Fordham
language : en
Publisher: John Wiley & Sons
Release Date : 1997
Judicial Review Handbook written by Michael Fordham and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Judicial review of administrative acts categories.
This fully revised edition of a bestseller presents the law and practice of judicial reviewdeconstructed and represented in a unique format. It provides rapid access to vital sources of authority and case synopses, providing an essential guide to the huge volume of case law in this area.
Legal Culture Legality And The Determination Of The Grounds Of Judicial Review Of Administrative Action In England And Australia
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Author : Voraphol Malsukhum
language : en
Publisher: Springer Nature
Release Date : 2021-07-01
Legal Culture Legality And The Determination Of The Grounds Of Judicial Review Of Administrative Action In England And Australia written by Voraphol Malsukhum and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-01 with Law categories.
This book presents a navigating framework of legal culture and legality to facilitate a comprehensive understanding of the English and Australian determination of the grounds of judicial review. This book facilitates tangible process of how and why jurisdictional error, jurisdictional fact, proportionality and substantive legitimate expectations are debatable in English law, while they are either completely rejected or firmly entrenched in Australian law. This book argues that these differences are not just random. Legality is not just a fig-leaf, but is profoundly rooted in legal systems’ legal culture; hence, it dictates the way in which courts empower, justify, constrain or limit the scope of judicial review. This book presents evidence that courts differ in legal systems and apply diverse ways to determine the scope of judicial review based on their deep understanding of legality, which is embedded in the legal culture of their legal system. This book uses comparative methodology and develops this framework between English and Australian law. Although obvious and important, this book presents a kind of examination that has never been undertaken in this depth and detail before.
Understanding Administrative Law In The Common Law World
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Author : Paul Daly
language : en
Publisher: Oxford University Press
Release Date : 2021-08-05
Understanding Administrative Law In The Common Law World written by Paul Daly 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 2021-08-05 with Law categories.
Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand, the author develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy, and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies, and the scope of judicial review. Addressing this wide array of subjects in detail, the book demonstrates how a pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance our understanding of administrative law. Furthermore, such an approach can guide the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. The book closes by arguing that the author's values-based, pluralist framework supports the legitimacy of contemporary administrative law which, although sometimes called into question, facilitates the flourishing of individuals, of public administration, and of the liberal democratic system.
Apex Courts And The Common Law
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Author : Paul Daly
language : en
Publisher: University of Toronto Press
Release Date : 2019-04-26
Apex Courts And The Common Law written by Paul Daly and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-26 with Law categories.
For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.