Deference to the Administration in Judicial Review: Comparative Perspectives, Zhu Guobin
Автор: Lewans Matthew Название: Administrative Law and Judicial Deference ISBN: 1509921133 ISBN-13(EAN): 9781509921133 Издательство: Bloomsbury Academic Рейтинг: Цена: 7514.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Should judges defer to administrative decisions? This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions-the United Kingdom, the United States of America, and Canada-over the past one hundred years.
Автор: Guobin Zhu Название: Deference to the Administration in Judicial Review ISBN: 303031538X ISBN-13(EAN): 9783030315382 Издательство: Springer Рейтинг: Цена: 24392.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for.Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Автор: Matthew Lewans Название: Administrative Law and Judicial Deference ISBN: 1849462771 ISBN-13(EAN): 9781849462778 Издательство: Bloomsbury Academic Рейтинг: Цена: 18308.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Should judges defer to administrative decisions? This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions-the United Kingdom, the United States of America, and Canada-over the past one hundred years.
Описание: The Age of Deference traces the Court`s role in the rise of judicial deference to executive power since the end of World War II.
Автор: Brady Название: Proportionality and Deference under the UK Human Rights Act ISBN: 1107013003 ISBN-13(EAN): 9781107013001 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Alan D. P. Brady develops a new approach to the proportionality test under the Human Rights Act. Through a rigorous theoretical analysis of existing case law, he provides a new and effective explanation of proportionality and deference which will be of particular interest to academics, practitioners and research students.
Описание: The book will benefit public law scholars, political scientists, judges and lawyers interested in the six countries analysed in the book, as well as those from other countries in which proportionality is practiced or is emerging. The analyses of specific cases and the empirical data provide a rich basis for comparative insights.
Автор: Stohler, Stephan (state University Of New York, Albany) Название: Comparative constitutional law and policy ISBN: 1108493181 ISBN-13(EAN): 9781108493185 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Reconstructing Rights will appeal to several audiences because of its deliberative-partnership thesis, including public law scholars for its social-scientific approach to the study of legal doctrine; legal scholars because it challenges broadly held commitments to judicial supremacy; and area-specialists for its cross-national investigation of equality rights.
Описание: It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier amongst common law jurisdictions, in having neither a statutory nor a constitutional framework to expressly protect human rights, explaining why Australia alone continues to take an apparently 'formalist, ' 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all of these claims remain just that as there has been limited detailed analysis of the issue, and no detailed comparative analysis of the claims' veracity. This book analyzes in detail administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles, including the rule of law and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights. Revised Dissertation. (Series: Hart Studies in Comparative Public Law, Vol. 16) Subject: Public Law, Human Rights Law, Comparative Law, Administrative Law
Автор: Rachel E. Bowen Название: The Achilles Heel of Democracy ISBN: 1107178320 ISBN-13(EAN): 9781107178328 Издательство: Cambridge Academ Рейтинг: Цена: 15838.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Comparing five Central American countries, this book explores the influences of criminals, activists, and other societal actors on the justice system. The role of the judiciary in promoting the rule of law is of interest to political science and legal scholars. This work with its focus on Central America will be of particular interest.
Автор: Bowen Rachel E Название: Achilles Heel of Democracy ISBN: 1316630900 ISBN-13(EAN): 9781316630907 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Comparing five Central American countries, this book explores the influences of criminals, activists, and other societal actors on the justice system. The role of the judiciary in promoting the rule of law is of interest to political science and legal scholars. This work with its focus on Central America will be of particular interest.
Описание: It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that - there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.
Название: Judicial Review of Elections in Asia ISBN: 1138950289 ISBN-13(EAN): 9781138950283 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority.
This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country's democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes.
By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
