New Directions in Judicial Review

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Author :
Publisher : Taylor & Francis
ISBN 13 : 9780420478009
Total Pages : 96 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis New Directions in Judicial Review by : Jeffrey L. Jowell

Download or read book New Directions in Judicial Review written by Jeffrey L. Jowell and published by Taylor & Francis. This book was released on 1988 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays selects five issues which pose urgent challenges to administrative law: public/private law distinction, extension of the range of authorities that are subject to judicial review, the evolving doctrine about the protection of legitimate expectations, the principle of proportionality as a ground for review, & the increasing judicial supervision of the policy-making process.

New Directions in Judicial Politics

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Author :
Publisher : Routledge
ISBN 13 : 1136650016
Total Pages : 387 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis New Directions in Judicial Politics by : Kevin T. McGuire

Download or read book New Directions in Judicial Politics written by Kevin T. McGuire and published by Routledge. This book was released on 2012-03-15 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its often vague legal concepts and institutions that operate according to unfamiliar procedures, judicial decision-making is, in many respects, a highly enigmatic process. New Directions in Judicial Politics seeks to demystify the courts, offering readers the insights of empirical research to address questions that are of genuine interest to students. In addition to presenting a set of conclusions about the way in which courts operate, this book also models the craft of political research, illustrating how one can account for a variety of factors that might affect the courts and how they operate. The renowned scholars and teachers in this volume invite critical thinking, not only about the substance of law and courts in America, but also about the ways in which we study judicial politics.

New Directions in European Public Law

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Author :
Publisher : Hart Publishing
ISBN 13 : 1901362248
Total Pages : 215 pages
Book Rating : 4.9/5 (13 download)

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Book Synopsis New Directions in European Public Law by : Jack Beatson

Download or read book New Directions in European Public Law written by Jack Beatson and published by Hart Publishing. This book was released on 1998 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two symposia in the winter and spring of 1997 at Cambridge, England, 13 essays analyze a cluster of issues arising in the European Union public law arena. Some deal with issues of liability and the availability of remedies in European and domestic law. Others take a broader view, looking at the phenomenon of cross-fertilization among national legal systems and between national systems and European Union law. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

The Politico-Legal Dynamics of Judicial Review

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108670474
Total Pages : 389 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Politico-Legal Dynamics of Judicial Review by : Theunis Roux

Download or read book The Politico-Legal Dynamics of Judicial Review written by Theunis Roux and published by Cambridge University Press. This book was released on 2018-09-06 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.

The DNA of Constitutional Justice in Latin America

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107178363
Total Pages : 281 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The DNA of Constitutional Justice in Latin America by : Daniel M. Brinks

Download or read book The DNA of Constitutional Justice in Latin America written by Daniel M. Brinks and published by Cambridge University Press. This book was released on 2018-04-19 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.

Weak Courts, Strong Rights

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Author :
Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet

Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

The New Judicial Review is Different Than the Old Judicial Review

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Author :
Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.:/5 (379 download)

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Book Synopsis The New Judicial Review is Different Than the Old Judicial Review by : Mary Ann Flannery

Download or read book The New Judicial Review is Different Than the Old Judicial Review written by Mary Ann Flannery and published by . This book was released on 1956 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The New Commonwealth Model of Constitutionalism

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107009286
Total Pages : 275 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum

Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

New Directions from the Field

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Author :
Publisher :
ISBN 13 :
Total Pages : 8 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis New Directions from the Field by :

Download or read book New Directions from the Field written by and published by . This book was released on 1998 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Review and the National Political Process

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Author :
Publisher : Quid Pro Books
ISBN 13 : 1610271718
Total Pages : 441 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Judicial Review and the National Political Process by : Jesse H. Choper

Download or read book Judicial Review and the National Political Process written by Jesse H. Choper and published by Quid Pro Books. This book was released on 2013-05-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.

New Directions in Planning Law: a Review of the 1972-1973 Judicial Decisions

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (78 download)

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Book Synopsis New Directions in Planning Law: a Review of the 1972-1973 Judicial Decisions by : Jerome G. Rose

Download or read book New Directions in Planning Law: a Review of the 1972-1973 Judicial Decisions written by Jerome G. Rose and published by . This book was released on 1974 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Political Foundations of Judicial Supremacy

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Publisher : Princeton University Press
ISBN 13 : 1400827752
Total Pages : 320 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Political Foundations of Judicial Supremacy by : Keith E. Whittington

Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2009-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Vigilance and Restraint in the Common Law of Judicial Review

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110719024X
Total Pages : 309 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Vigilance and Restraint in the Common Law of Judicial Review by : Dean R. Knight

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.

Marbury V. Madison

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Author :
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Marbury V. Madison by : William Edward Nelson

Download or read book Marbury V. Madison written by William Edward Nelson and published by . This book was released on 2000 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.

Judicial Review of Administrative Action

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Publisher : Cambridge University Press
ISBN 13 : 1108481574
Total Pages : 447 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Judicial Review of Administrative Action by : Swati Jhaveri

Download or read book Judicial Review of Administrative Action written by Swati Jhaveri and published by Cambridge University Press. This book was released on 2021-03-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.

Judicial Review in an Objective Legal System

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107114497
Total Pages : 303 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Judicial Review in an Objective Legal System by : Tara Smith

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.