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Author : Lorne Sossin
Publisher : Scarborough, Ont. : Carswell
ISBN 13 : 9780459239282
Total Pages : 246 pages
Book Rating : 4.87/5 ( download)
Download or read book Boundaries of Judicial Review written by Lorne Sossin and published by Scarborough, Ont. : Carswell. This book was released on 1999 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jonathan Sumption
Publisher : Profile Books
ISBN 13 : 1782836225
Total Pages : 77 pages
Book Rating : 4.23/5 ( download)
Download or read book Trials of the State written by Jonathan Sumption and published by Profile Books. This book was released on 2019-08-29 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Tsvi Kahana
Publisher : Cambridge University Press
ISBN 13 : 9781107665743
Total Pages : 0 pages
Book Rating : 4.44/5 ( download)
Download or read book Boundaries of State, Boundaries of Rights written by Tsvi Kahana and published by Cambridge University Press. This book was released on 2018-02-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays draws together innovative scholars to examine the relationship between two legal and political phenomena: the shrinking of the state as a monopoly of power in favour of the expansion of power over individuals in private hands, and the change in the nature of rights. The authors expertly discuss the implications of the changing boundaries of state power, the legal responses to this development, its application to human rights, and re-conceptualizations of public life as obligations are handed over to private hands. This innovative book deals with an important set of problems and offers a fresh perspective of different legal themes in an integrated fashion.
Author : Ellie Palmer
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313760
Total Pages : 384 pages
Book Rating : 4.68/5 ( download)
Download or read book Judicial Review, Socio-Economic Rights and the Human Rights Act written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Dean R. Knight
Publisher : Cambridge University Press
ISBN 13 : 110719024X
Total Pages : 309 pages
Book Rating : 4.45/5 ( download)
Download or read book Vigilance and Restraint in the Common Law of Judicial Review written by Dean R. Knight and published by Cambridge University Press. This book was released on 2018-04-19 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Author : Sudhanshu Ranjan
Publisher : Routledge
ISBN 13 : 1317809777
Total Pages : 359 pages
Book Rating : 4.77/5 ( download)
Download or read book Justice, Judocracy and Democracy in India written by Sudhanshu Ranjan and published by Routledge. This book was released on 2014-03-21 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Robert J. Steinfeld
Publisher : Cambridge University Press
ISBN 13 : 1108839231
Total Pages : 451 pages
Book Rating : 4.35/5 ( download)
Download or read book 'To Save the People from Themselves' written by Robert J. Steinfeld and published by Cambridge University Press. This book was released on 2021-09-30 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: A far-reaching re-interpretation of the origins of American judicial review.
Author : Larry Kramer
Publisher : Oxford University Press, USA
ISBN 13 : 9780195306453
Total Pages : 380 pages
Book Rating : 4.57/5 ( download)
Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Hampden Dougherty
Publisher :
ISBN 13 :
Total Pages : 154 pages
Book Rating : 4.51/5 ( download)
Download or read book Power of Federal Judiciary Over Legislation written by John Hampden Dougherty and published by . This book was released on 1912 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jeffrey L. Jowell
Publisher : Taylor & Francis
ISBN 13 : 9780420478009
Total Pages : 96 pages
Book Rating : 4.00/5 ( download)
Download or read book New Directions in Judicial Review written by Jeffrey L. Jowell and published by Taylor & Francis. This book was released on 1988 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays selects five issues which pose urgent challenges to administrative law: public/private law distinction, extension of the range of authorities that are subject to judicial review, the evolving doctrine about the protection of legitimate expectations, the principle of proportionality as a ground for review, & the increasing judicial supervision of the policy-making process.
