Justiciability and the Nature of Judicial Obligation PDF Download

Author: Richard A. Vachon
Publisher:
ISBN:
Category : Apportionment (Election law)
Languages : en
Pages : 100

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Author: Malcolm Langford
Publisher: Cambridge University Press
ISBN: 0521860946
Category : Law
Languages : en
Pages : 705

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The book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.

Author: Hersch Lauterpacht
Publisher: OUP Oxford
ISBN: 0191018465
Category : Law
Languages : en
Pages : 1759

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Book Description
The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.

Author: Richard Bellamy
Publisher: Routledge
ISBN: 1351540696
Category : History
Languages : en
Pages : 1096

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Book Description
The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.

Author: Alexander M. Bickel
Publisher: Yale University Press
ISBN: 9780300173338
Category : Law
Languages : en
Pages : 322

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Book Description
This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court’s power. In this way he accomplishes his stated purpose: “to have the Supreme Court’s exercise of judicial review better understood and supported and more sagaciously used.” The book now includes new foreword by Henry Wellington.Reviews of the Earlier Edition:“Dozens of books have examined and debated the court’s role in the American system. Yet there remains great need for the scholarship and perception, the sound sense and clear view Alexander Bickel brings to the discussion.... Students of the court will find much independent and original thinking supported by wide knowledge. Many judges could read the book with profit.” -Donovan Richardson, Christian Science Monitor“The Yale professor is a law teacher who is not afraid to declare his own strong views of legal wrongs... One of the rewards of this book is that Professor Bickel skillfully knits in "ations from a host of authorities and, since these are carefully documented, the reader may look them up in their settings. Among the author’s favorites is the late Thomas Reed Powell of Harvard, whose wit flashes on a good many pages.” -Irving Dillard, Saturday ReviewAlexander M. Bickel was professor of law at Yale University.

Author: Jeremy Bentham
Publisher:
ISBN:
Category :
Languages : en
Pages : 678

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Author: Jeremy Bentham
Publisher:
ISBN:
Category : Philosophers
Languages : en
Pages : 320

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Author: Louis Leventhal Jaffe
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 816

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Book Description
Collection of articles on legal aspects and control of the administration of justice in the USA and examination of major aspects of the relationship between agencies of economic administration and other forms of public administration and courts of law - includes relevant jurisprudence.

Author: Dean R. Knight
Publisher: Cambridge University Press
ISBN: 110719024X
Category : Law
Languages : en
Pages : 309

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Book Description
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.

Author: James R. May
Publisher: Cambridge University Press
ISBN: 1107022258
Category : Business & Economics
Languages : en
Pages : 427

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Book Description
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.