Judicial Review And Electoral Law In A Global Perspective

Author : Cristina Fasone
Publisher : Bloomsbury Publishing
ISBN 13 : 1509957901
Total Pages : 387 pages
Book Rating : 4.03/5 ( download)

DOWNLOAD NOW!

Download or read book Judicial Review and Electoral Law in a Global Perspective written by Cristina Fasone and published by Bloomsbury Publishing. This book was released on 2024-03-21 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy. The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions. To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters. Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents.

Author : Hugh Southey
Publisher : Jordan Publishing (GB)
ISBN 13 : 9781784730963
Total Pages : 0 pages
Book Rating : 4.63/5 ( download)

DOWNLOAD NOW!

Download or read book Judicial Review written by Hugh Southey and published by Jordan Publishing (GB). This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Review: A Practical Guide is a handbook which aims to be a first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings. This new edition has been significantly amended to take account of the following developments in law and practice, including: * Development of the Unified Tribunal system with transfers of judicial reviews * Regionalisation of Administrative Court * Clear development of mistake of fact as a mistake of law * Increasing understanding of the impact of the Human Rights Act * Limitations upon judicial review in the context of immigration * Ongoing case-law developments * Changes to Appeals (CPR Pt 52) * Developments in costs and funding In addition to the authors' commentary, Judicial Review: A Practical Guide contains over 20 precedents covering all aspects of the litigation process, together with all the main legislative and judicial materials.

Author : Diana Kapiszewski
Publisher : Cambridge University Press
ISBN 13 : 1107067537
Total Pages : 453 pages
Book Rating : 4.30/5 ( download)

DOWNLOAD NOW!

Download or read book Consequential Courts written by Diana Kapiszewski and published by Cambridge University Press. This book was released on 2013-04-08 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.

Author : David M. Beatty
Publisher : BRILL
ISBN 13 : 9004479406
Total Pages : 374 pages
Book Rating : 4.01/5 ( download)

DOWNLOAD NOW!

Download or read book Human Rights and Judicial Review: A Comparative Perspective written by David M. Beatty and published by BRILL. This book was released on 2021-09-27 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.

Author : Cristina Fasone
Publisher : Bloomsbury Publishing
ISBN 13 : 1509957898
Total Pages : 591 pages
Book Rating : 4.97/5 ( download)

DOWNLOAD NOW!

Download or read book Judicial Review and Electoral Law in a Global Perspective written by Cristina Fasone and published by Bloomsbury Publishing. This book was released on 2024-03-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy. The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions. To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters. Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents.

Author : Erin F. Delaney
Publisher : Edward Elgar Publishing
ISBN 13 : 1788110609
Total Pages : 464 pages
Book Rating : 4.00/5 ( download)

DOWNLOAD NOW!

Download or read book Comparative Judicial Review written by Erin F. Delaney and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.

Author : Theunis Roux
Publisher : Cambridge University Press
ISBN 13 : 1108670474
Total Pages : 389 pages
Book Rating : 4.70/5 ( download)

DOWNLOAD NOW!

Download or read book The Politico-Legal Dynamics of Judicial Review written by Theunis Roux and published by Cambridge University Press. This book was released on 2018-09-06 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.

Author : International Institute for Democracy and Electoral Assistance
Publisher : International IDEA
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.07/5 ( download)

DOWNLOAD NOW!

Download or read book International Electoral Standards written by International Institute for Democracy and Electoral Assistance and published by International IDEA. This book was released on 2002 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secrecy of the ballot

Author : Paul Gribble
Publisher : Shaw Books
ISBN 13 : 9780721914923
Total Pages : 5 pages
Book Rating : 4.26/5 ( download)

DOWNLOAD NOW!

Download or read book Schofield's Election Law written by Paul Gribble and published by Shaw Books. This book was released on 2008 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Schofield's Election Law' covers elections and referendums of every type in England and Wales. Parliamentary, European parliamentary, local, parish and community, Welsh Assembly, Greater London elections and local referendums - the law and procedures for each are described in detail.

Author : Andrea Castagnola
Publisher : Routledge
ISBN 13 : 1315520591
Total Pages : 190 pages
Book Rating : 4.99/5 ( download)

DOWNLOAD NOW!

Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.