Author: John Hatchard Publisher: Routledge ISBN: 1135343861 Category : Law Languages : en Pages : 183
Book Description
The result of The Joint Colloquium on "Parliamentary Supremacy and Judicial Independence ... towards a Commonwealth Model". It brought together parliamentarians, judges, practitioners and academics in order to draft guidelines for best practice relations between Executive, Parliament and Judiciary.
Author: David G. Green Publisher: ISBN: 9781906837778 Category : Human rights Languages : en Pages : 0
Book Description
"How should our laws be made and where does final power lie? This question has grown increasingly salient in recent years as the judiciary has pitted itself against Parliament in a series of harmful and absurd rulings. Many of these confrontations have revolved around the Human Rights Act, but far more is at stake. Under our constitution, the legal sovereignty of Parliament ensures that the people themselves are the ultimate political sovereign. When members of the judiciary challenge Parliament, they undermine the ideal of government as a trust for the benefit of all members of society. The readiness of the judiciary to challenge the democratic will of the nation has been harnessed by special interest groups who wish to put their own priorities ahead of those of the wider community. The introduction of no-win, no-fee arrangements has similarly ushered in a period of aggressive litigation by lawyers - driven by the prospect of financial reward - on behalf of the narrow interests of their clients. In this powerful book, Civitas director David G. Green argues that the time has come to challenge a self-serving elite in the legal profession which is encouraging a claims culture based on gaining sectarian advantage. This will mean restoring faith in the UK's parliamentary system of government which, rather than promoting adversarial conflict between minorities and the rest of society, provides the surest way of reconciling clashes of interest. But it also requires the reinvigoration of a civic culture which does not promote victimhood, but looks to the interests of society as a whole, identifying shared interests and pursuing, above all, the common good."-- web site.
Author: Danwood Mzikenge Chirwa Publisher: United Nations Univ ISBN: 9789280812053 Category : Political Science Languages : en Pages : 302
Book Description
This book brings together a number of leading experts in the fields of public law, political science and democratization studies to identify ways of making African governments accountable and describe the extent to which these mechanisms work in practice. It presents new knowledge about legal and political developments in a number of African countries, relevant to the policy goal of developing and deepening democratic governance and accountable government on the continent. This book will be of interest to academics, students and practitioners in the fields of public law, public administration, political studies and African studies.
Author: Larry Kramer Publisher: Oxford University Press, USA ISBN: 9780195306453 Category : History Languages : en Pages : 380
Book Description
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author: John Hatchard Publisher: Psychology Press ISBN: 1859415237 Category : Administrative law Languages : en Pages : 183
Book Description
"This report sets out the process followed at the Colloquim and contains a copy of what have become known as the Latimer House Guidelines. These guidelines were considered by the Commonwealth Law Ministers at their meeting in Trinidad and Tobabo in May 1999. They hvve been referred to a committee of senior officials for further study and could become a part of Commonwealth processes for monitoring compliance with principles of the Harare Declaration"--Arthur R. Donahoe, Secretary-General.
Author: John McGarry Publisher: Routledge ISBN: 1317517601 Category : Law Languages : en Pages : 164
Book Description
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.
Author: John Hatchard
Author: Charles Grove Haines
Author: David G. Green
Author: Danwood Mzikenge Chirwa
Author: Larry Kramer
Author: John Hatchard
Author: Charles Howard McIlwain
Author: Stephen Gardbaum
Author: Charles Grove Haines
Author: John McGarry