Author: Lorne SossinPublisher: Scarborough, Ont. : Carswell
ISBN: 9780459239282
Category : Law
Languages : en
Pages : 246
Book Description
Boundaries of Judicial Review
Author: Lorne SossinPublisher: Scarborough, Ont. : Carswell
ISBN: 9780459239282
Category : Law
Languages : en
Pages : 246
Book Description
Boundaries of Judicial Review
Author: Lorne Mitchell SossinBOUNDARIES OF JUDICIAL REVIEW
Author: AUTHOR.Publisher:
ISBN:
Category : SUBJECT HEADING.
Languages : en
Pages : 0
Book Description
Trials of the State
Author: Jonathan SumptionPublisher: Profile Books
ISBN: 1782836225
Category : Law
Languages : en
Pages : 77
Book Description
A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Judicial Review and the Constitution
Author: Christopher ForsythPublisher: Hart Publishing
ISBN: 1841131059
Category : Law
Languages : en
Pages : 480
Book Description
Contains papers and comments from the conference on the Foundations of Judicial Review, held in Cambridge, England, May 22, 1999, and some previously published papers.
Judicial Review, Socio-Economic Rights and the Human Rights Act
Author: Ellie PalmerPublisher: Bloomsbury Publishing
ISBN: 1847313760
Category : Law
Languages : en
Pages : 384
Book Description
In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.
Power of Federal Judiciary Over Legislation
Author: John Hampden DoughertyPublisher:
ISBN:
Category : Courts
Languages : en
Pages : 150
Book Description
Designing Judicial Review
Author: Charles R. ShipanPublisher: University of Michigan Press
ISBN: 9780472087037
Category : Judicial review
Languages : en
Pages : 192
Book Description
Why interest groups and members of Congress fight over the procedural details in legislation
Private Property and the Limits of American Constitutionalism
Author: Jennifer NedelskyPublisher: University of Chicago Press
ISBN: 0226569713
Category : Law
Languages : en
Pages : 358
Book Description
Federalists vision of the Constitution; an interdisciplinary investigation.
Justice, Judocracy and Democracy in India
Author: Sudhanshu RanjanPublisher: Routledge
ISBN: 1317809777
Category : Law
Languages : en
Pages : 359
Book Description
This book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.