Author: Diana Woodhouse
Publisher: Hart Publishing
ISBN: 1841130214
Category : Law
Languages : en
Pages : 233
Book Description
This book analyses the development and current position of the Lord Chancellor in his various roles.
The Office of Lord Chancellor
Author: Diana Woodhouse
Publisher: Hart Publishing
ISBN: 1841130214
Category : Law
Languages : en
Pages : 233
Book Description
This book analyses the development and current position of the Lord Chancellor in his various roles.
Publisher: Hart Publishing
ISBN: 1841130214
Category : Law
Languages : en
Pages : 233
Book Description
This book analyses the development and current position of the Lord Chancellor in his various roles.
The New Commonwealth Model of Constitutionalism
Author: Stephen Gardbaum
Publisher: Cambridge University Press
ISBN: 1107009286
Category : Law
Languages : en
Pages : 275
Book Description
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Publisher: Cambridge University Press
ISBN: 1107009286
Category : Law
Languages : en
Pages : 275
Book Description
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Weak Courts, Strong Rights
Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400828155
Category : Political Science
Languages : en
Pages : 288
Book Description
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.
Publisher: Princeton University Press
ISBN: 1400828155
Category : Political Science
Languages : en
Pages : 288
Book Description
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 Politics of Judicial Independence in the UK's Changing Constitution
Author: Graham Gee
Publisher: Cambridge University Press
ISBN: 1316240533
Category : Law
Languages : en
Pages : 307
Book Description
Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.
Publisher: Cambridge University Press
ISBN: 1316240533
Category : Law
Languages : en
Pages : 307
Book Description
Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.
The Parliamentary Debates
Author: Great Britain. Parliament. House of Lords
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 650
Book Description
Contains the 4th session of the 28th Parliament through the session of the Parliament.
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 650
Book Description
Contains the 4th session of the 28th Parliament through the session of the Parliament.
Government Publications of ...
Author: Great Britain. Her Majesty's Stationery Office
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 874
Book Description
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 874
Book Description
Justice of the Peace and County, Borough, Poor Law Union and Parish Law Recorder
Author:
Publisher:
ISBN:
Category : Justices of the peace
Languages : en
Pages : 946
Book Description
Publisher:
ISBN:
Category : Justices of the peace
Languages : en
Pages : 946
Book Description
The Parliamentary Debates (official Report).
Author: Great Britain. Parliament. House of Lords
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 590
Book Description
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 590
Book Description
Hansard's Parliamentary Debates
Author: Great Britain. Parliament
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 1128
Book Description
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 1128
Book Description
Justice of the Peace
Author:
Publisher:
ISBN:
Category : Justices of the peace
Languages : en
Pages : 900
Book Description
Publisher:
ISBN:
Category : Justices of the peace
Languages : en
Pages : 900
Book Description