Effective Judicial Review PDF Download
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Author | : C. F. Forsyth |
Publisher | : |
Total Pages | : 506 |
Release | : 2010-03-25 |
Genre | : Law |
ISBN | : |
Download Effective Judicial Review Book in PDF, ePub and Kindle
The use and scope of judicial review of government action has transformed across the common law world over the last forty years. This volume takes stock of the transformation, bringing together over 30 leading figures from academia and practice to analyse the major issues surrounding the legal reforms from theoretical and comparative perspectives. Coverage in the book spans the theoretical foundations of judicial review; the scope and functions of administrative justice; the conditions of judicial independence; recurring problems in legal doctrine; and issues in legal procedure. A final set of essays presents case studies of the experiences of reforming judicial review in different countries, including an extended section on judicial review in China.
Author | : Christopher F. Forsyth |
Publisher | : |
Total Pages | : 0 |
Release | : 2015 |
Genre | : |
ISBN | : |
Download Effective Judicial Review Book in PDF, ePub and Kindle
The use and scope of judicial review of government action has transformed across the common law world over the last forty years. This volume takes stock of the transformation, bringing together over 30 leading figures from academia and practice to analyze the major issues surrounding the legal reforms from theoretical and comparative perspectives. Coverage in the book spans the theoretical foundations of judicial review; the scope and functions of administrative justice; the conditions of judicial independence; recurring problems in legal doctrine; and issues in legal procedure. A final set of essays presents case studies of the experiences of reforming judicial review in different countries, including an extended section on judicial review in China.
Author | : Cristina Teleki |
Publisher | : BRILL |
Total Pages | : 392 |
Release | : 2021-05-17 |
Genre | : Business & Economics |
ISBN | : 9004447490 |
Download Due Process and Fair Trial in EU Competition Law Book in PDF, ePub and Kindle
In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2009 |
Genre | : Constitutional courts |
ISBN | : |
Download Effective Judicial Review Book in PDF, ePub and Kindle
Author | : Mauro Cappelletti |
Publisher | : |
Total Pages | : 144 |
Release | : 1971 |
Genre | : Judicial review |
ISBN | : |
Download Judicial Review in the Contemporary World Book in PDF, ePub and Kindle
Author | : Jeffrey C. Dobbins |
Publisher | : |
Total Pages | : 18 |
Release | : 2015 |
Genre | : |
ISBN | : |
Download Establishing Processes for Effective Judicial Review of Enacted Initiatives Book in PDF, ePub and Kindle
Author | : Simon Halliday |
Publisher | : Hart Publishing |
Total Pages | : 207 |
Release | : 2004-05 |
Genre | : Law |
ISBN | : 1841132659 |
Download Judicial Review and Compliance with Administrative Law Book in PDF, ePub and Kindle
This book combines empirical and legal analysis to examine the influence of judicial review on government agencies.
Author | : Mark Elliott |
Publisher | : Hart Publishing |
Total Pages | : 293 |
Release | : 2001-03 |
Genre | : Law |
ISBN | : 1841131806 |
Download The Constitutional Foundations of Judicial Review Book in PDF, ePub and Kindle
This book comprehensively analyses the foundations of judicial review.
Author | : John Hart Ely |
Publisher | : Harvard University Press |
Total Pages | : 281 |
Release | : 1981-08-15 |
Genre | : Law |
ISBN | : 0674263294 |
Download Democracy and Distrust Book in PDF, ePub and Kindle
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author | : Dean R. Knight |
Publisher | : Cambridge University Press |
Total Pages | : 309 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 110719024X |
Download Vigilance and Restraint in the Common Law of Judicial Review Book in PDF, ePub and Kindle
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.