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Author : Neil Williams
Publisher :
ISBN 13 : 9781862878556
Total Pages : 350 pages
Book Rating : 4.8/5 (785 download)
Download or read book Key Issues in Judicial Review written by Neil Williams and published by . This book was released on 2014-03-27 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Hart Ely
Publisher : Harvard University Press
ISBN 13 : 0674263294
Total Pages : 281 pages
Book Rating : 4.6/5 (742 download)
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author : M. L. M. Hertogh
Publisher : Cambridge University Press
ISBN 13 : 9780521547864
Total Pages : 334 pages
Book Rating : 4.5/5 (478 download)
Download or read book Judicial Review and Bureaucratic Impact written by M. L. M. Hertogh and published by Cambridge University Press. This book was released on 2004-08-19 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays which focus on the relationship between judicial review and bureaucratic behaviour.
Author : Michael Fordham QC
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317952
Total Pages : 920 pages
Book Rating : 4.8/5 (473 download)
Download or read book Judicial Review Handbook written by Michael Fordham QC and published by Bloomsbury Publishing. This book was released on 2008-11-05 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: Writing in the sixth edition of this Handbook, author Michael Fordham described his ambition when writing the first edition (and indeed all subsequent editions) of this book as "to read as many judicial review cases as I could and to try to extract, classify and present illustrations and statements of principle". Behind this aim lay the practitioner's overwhelming need to know and understand the case-law. Without it, as Fordham says "much can be achieved in public law through instinct, experience and familiarity with general principles which are broad, flexible and designed to accord with common sense". But with knowledge of the case law comes the vital ability to be able to point to and rely on an authoritative statement of principle and working illustration. Knowing the case-law is crucial: "the challenge is to find it". This, the sixth edition of the Handbook, continues the tradition established by earlier editions, in rendering the voluminous case-law accessible and knowable. This Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the sixth edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Their impact, and the plethora of cases which explore their meaning and application, were fully analysed and evaluated in the previous edition, but this time around their importance has grown exponentially and is reflected in even greater attention being given to their respective roles. Attention is also given to another new development - the coming into existence of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the early signs from a Court that is expected to be one of the key influences in the development of judicial review in the modern era. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition)
Author :
Publisher :
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.3/5 (91 download)
Download or read book Selections on the Current Problem of Judicial Review written by and published by . This book was released on 1936 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Steven Gow Calabresi
Publisher : Oxford University Press
ISBN 13 : 0190075791
Total Pages : 384 pages
Book Rating : 4.1/5 (9 download)
Download or read book The History and Growth of Judicial Review, Volume 1 written by Steven Gow Calabresi and published by Oxford University Press. This book was released on 2021-04-13 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume One discusses the G-20 common law countries and Israel.
Author : Joe Tomlinson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509957405
Total Pages : 325 pages
Book Rating : 4.5/5 (99 download)
Download or read book Facts in Public Law Adjudication written by Joe Tomlinson and published by Bloomsbury Publishing. This book was released on 2023-10-19 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores critical issues about how courts engage with questions of fact in public law adjudication. Although the topic of judicial review - the mechanism through which individuals can challenge governmental action - continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication. The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts. The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.
Author : Jonathan Auburn
Publisher : OUP Oxford
ISBN 13 : 019166572X
Total Pages : 8561 pages
Book Rating : 4.1/5 (916 download)
Download or read book Judicial Review written by Jonathan Auburn and published by OUP Oxford. This book was released on 2013-03-21 with total page 8561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review. Written by three experienced practitioners, Judicial Review: Principles and Procedure includes chapters on the most common grounds for bringing a claim, such as procedural fairness and irrationality, but also covers emerging grounds such as delay on the part of public bodies and error of fact. In addition, the authors provide a separate, detailed treatment of areas such as administrative policies and the public sector equality duty. Each element of this complex area of law is carefully broken down to ensure that answers are always easy to find and, where the law is in doubt, the dispute is concisely stated and the view most likely to be preferred by the courts is expressed. The book analyses in detail the issues that are likely to arise in practice, with thorough and up-to-date reference to case law throughout. It incorporates the jurisprudence arising out of the Human Rights Act 1998, providing practitioners with a complete yet practical treatment of each relevant topic. The book contains comprehensive coverage of procedural matters in each stage of a claim, from pre-action to costs, and includes a chapter on European Union law from Marie Demetriou QC of Brick Court Chambers, providing a uniquely full treatment of all the issues which might be encountered in practice.
Author : Charles R. Shipan
Publisher : University of Michigan Press
ISBN 13 : 9780472087037
Total Pages : 192 pages
Book Rating : 4.0/5 (87 download)
Download or read book Designing Judicial Review written by Charles R. Shipan and published by University of Michigan Press. This book was released on 2000 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why interest groups and members of Congress fight over the procedural details in legislation
Author : Edward Samuel Corwin
Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.A/5 ( download)
Download or read book The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays written by Edward Samuel Corwin and published by . This book was released on 1914 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tara Smith
Publisher : Cambridge University Press
ISBN 13 : 1107114497
Total Pages : 303 pages
Book Rating : 4.1/5 (71 download)
Download or read book Judicial Review in an Objective Legal System written by Tara Smith and published by Cambridge University Press. This book was released on 2015-07-30 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
Author : Andrea Castagnola
Publisher : Routledge
ISBN 13 : 1315520605
Total Pages : 191 pages
Book Rating : 4.3/5 (155 download)
Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Author : Philip Hamburger
Publisher : Harvard University Press
ISBN 13 : 0674264231
Total Pages : 705 pages
Book Rating : 4.6/5 (742 download)
Download or read book Law and Judicial Duty written by Philip Hamburger and published by Harvard University Press. This book was released on 2008-11-01 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judicial review. Although decisions holding statutes unconstitutional are these days considered instances of a distinct judicial power of review, Hamburger shows that they were once understood merely as instances of a broader judicial duty. The book’s focus on judicial duty overturns the familiar debate about judicial power. The book is therefore essential reading for anyone concerned about the proper role of the judiciary. Hamburger lays the foundation for his argument by explaining the common law ideals of law and judicial duty. He shows that the law of the land was understood to rest on the authority of the lawmaker and that what could not be discerned within the law of the land was not considered legally binding. He then shows that judges had a duty to decide in accord with the law of the land. These two ideals—law and judicial duty—together established and limited what judges could do. By reviving an understanding of these common law ideals, Law and Judicial Duty calls into question the modern assumption that judicial review is a power within the judges’ control. Indeed, the book shows that what is currently considered a distinct power of review was once understood as a matter of duty—the duty of judges to decide in accord with the law of the land. The book thereby challenges the very notion of judicial review. It shows that judges had authority to hold government acts unconstitutional, but that they enjoyed this power only to the extent it was required by their duty.In laying out the common law ideals, and in explaining judicial review as an aspect of judicial duty, Law and Judicial Duty reveals a very different paradigm of law and of judging than prevails today. The book, moreover, sheds new light on a host of misunderstood problems, including intent, manifest contradiction, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.
Author : Erin F. Delaney
Publisher : Edward Elgar Publishing
ISBN 13 : 1788110609
Total Pages : 463 pages
Book Rating : 4.7/5 (881 download)
Download or read book Comparative Judicial Review written by Erin F. Delaney and published by Edward Elgar Publishing. This book was released on 2018 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Author : Christopher Wolfe
Publisher : Rowman & Littlefield
ISBN 13 : 9780822630265
Total Pages : 472 pages
Book Rating : 4.6/5 (32 download)
Download or read book The Rise of Modern Judicial Review written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1994 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Dean R. Knight
Publisher : Cambridge University Press
ISBN 13 : 110719024X
Total Pages : 309 pages
Book Rating : 4.1/5 (71 download)
Download or read book Vigilance and Restraint in the Common Law of Judicial Review written by Dean R. Knight and published by Cambridge University Press. This book was released on 2018-04-19 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Author : Mauro Cappelletti
Publisher :
ISBN 13 :
Total Pages : 144 pages
Book Rating : 4.F/5 ( download)
Download or read book Judicial Review in the Contemporary World written by Mauro Cappelletti and published by . This book was released on 1971 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
