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: Edited By Albert H. Название: Constitutional courts in asia ISBN: 110719508X ISBN-13(EAN): 9781107195080 Издательство: Cambridge Academ Рейтинг: Цена: 18216.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A comparative, critical analysis of constitutional courts and constitutional review in Asia, appealing to those who are interested in comparative constitutional law, comparative politics, and Asian studies, particularly from the point of view of human rights, democracy, legal systems, the Rule of Law, constitutional adjudication and governance.
Автор: Yowell, Paul (university Of Oxford) Название: Constitutional rights and constitutional design ISBN: 1509940308 ISBN-13(EAN): 9781509940301 Издательство: Bloomsbury Academic Рейтинг: Цена: 6743.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.
Автор: Knight, Dean R. (victoria University Of Wellington) Название: Vigilance and restraint in the common law of judicial review ISBN: 110719024X ISBN-13(EAN): 9781107190245 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examining doctrinal, conceptual and normative dimensions of judicial review of administrative action, Dean R. Knight explores how Anglo-Commonwealth courts vary the depth of scrutiny in a variety of ways and critically appraises the virtues of different approaches.
Описание: Featuring works by scholars and practitioners, this book offers an exciting analysis of the power of national and transnational constitutional courts. In times of rising populism, the authors examine the conditions under which constitutional courts can be a resource for democratic governance. Of interest to students, researchers, and practitioners.
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.
Автор: Albert H. Y. Chen, Andrew Harding Название: Constitutional Courts in Asia: A Comparative Perspective ISBN: 1316646661 ISBN-13(EAN): 9781316646663 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A comparative, critical analysis of constitutional courts and constitutional review in Asia, appealing to those who are interested in comparative constitutional law, comparative politics, and Asian studies, particularly from the point of view of human rights, democracy, legal systems, the Rule of Law, constitutional adjudication and governance.
Автор: Knight, Dean R. (victoria University Of Wellington) Название: Vigilance and restraint in the common law of judicial review ISBN: 1316640345 ISBN-13(EAN): 9781316640340 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examining doctrinal, conceptual and normative dimensions of judicial review of administrative action, Dean R. Knight explores how Anglo-Commonwealth courts vary the depth of scrutiny in a variety of ways and critically appraises the virtues of different approaches.
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
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.
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.
Автор: Mcgarry Название: Intention, Supremacy and the Theories of Judicial Review ISBN: 1138856010 ISBN-13(EAN): 9781138856011 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts' jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent.
This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts' judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy - and, in turn, the relationship between Parliament and the courts - is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories.
This book will be of great interest to students and scholars of UK public law.
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