Author: Fazal KarimPublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Judicial Review of Public Actions
A Guide to Judicial and Political Review of Federal Agencies
Author: John Fitzgerald DuffyPublisher: American Bar Association
ISBN: 9781590314838
Category : Administrative agencies
Languages : en
Pages : 340
Book Description
"This book provides a thorough overview of the law of judicial and political control of federal agencies. The primary focus is on the availability and scope of judicial review, but the book also discusses the control exercised by the U.S. president and Congress"--Provided by publisher.
Judicial Power
Author: Christine LandfriedPublisher: Cambridge University Press
ISBN: 1316999084
Category : Law
Languages : en
Pages : 411
Book Description
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
The Federalist Papers
Author: Alexander HamiltonPublisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Deference to the Administration in Judicial Review
Author: Guobin ZhuPublisher: Springer Nature
ISBN: 3030315398
Category : Law
Languages : en
Pages : 445
Book Description
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.
Judicial Review of Administrative Action
Author: Swati JhaveriPublisher: Cambridge University Press
ISBN: 1108481574
Category : Law
Languages : en
Pages : 447
Book Description
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Vigilance and Restraint in the Common Law of Judicial Review
Author: Dean R. KnightPublisher: Cambridge University Press
ISBN: 110719024X
Category : Law
Languages : en
Pages : 309
Book Description
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
De Smith's Judicial Review of Administrative Action
Author: Stanley A. De SmithPublisher:
ISBN:
Category : Law
Languages : en
Pages : 704
Book Description
Constitutional Protection of Human Rights in Latin America
Author: Allan R. Brewer-CaríasPublisher: Cambridge University Press
ISBN: 0521492025
Category : Law
Languages : en
Pages : 450
Book Description
This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
Non-Statutory Executive Powers and Judicial Review
Author: Jason Grant AllenPublisher: Cambridge University Press
ISBN: 1009037560
Category : Law
Languages : en
Pages : 647
Book Description
That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a “third source” of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.