Judicial Constitutional Review In Namibia South Africa And The Usa PDF Download
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Author | : J. H. Akwenye |
Publisher | : |
Total Pages | : 35 |
Release | : 2000 |
Genre | : Constitutional law |
ISBN | : |
Download Judicial constitutional review in Namibia, South Africa and the USA Book in PDF, ePub and Kindle
Author | : Riaan Eksteen |
Publisher | : Springer |
Total Pages | : 448 |
Release | : 2019-06-22 |
Genre | : Law |
ISBN | : 9462652953 |
Download The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs Book in PDF, ePub and Kindle
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
Author | : Allan R. Brewer-Carías |
Publisher | : Cambridge University Press |
Total Pages | : 450 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0521492025 |
Download Constitutional Protection of Human Rights in Latin America Book in PDF, ePub and Kindle
This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
Author | : Daniel M. Brinks |
Publisher | : Cambridge University Press |
Total Pages | : 281 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 1107178363 |
Download The DNA of Constitutional Justice in Latin America Book in PDF, ePub and Kindle
Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Author | : Richard Albert |
Publisher | : Cambridge University Press |
Total Pages | : 483 |
Release | : 2018 |
Genre | : Law |
ISBN | : 1108419739 |
Download Canada in the World Book in PDF, ePub and Kindle
Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
Author | : Theunis Roux |
Publisher | : Cambridge University Press |
Total Pages | : 389 |
Release | : 2018-09-06 |
Genre | : Law |
ISBN | : 1108670474 |
Download The Politico-Legal Dynamics of Judicial Review Book in PDF, ePub and Kindle
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 | : Nico Horn |
Publisher | : |
Total Pages | : 332 |
Release | : 2008 |
Genre | : Courts |
ISBN | : |
Download The Independence of the Judiciary in Namibia Book in PDF, ePub and Kindle
The book gives an account of the independence of judiciary in Namibia.
Author | : Tania Groppi |
Publisher | : Bloomsbury Publishing |
Total Pages | : 336 |
Release | : 2013-03-28 |
Genre | : Law |
ISBN | : 1782251014 |
Download The Use of Foreign Precedents by Constitutional Judges Book in PDF, ePub and Kindle
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
Author | : Ran Hirschl |
Publisher | : Harvard University Press |
Total Pages | : 306 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 9780674038677 |
Download Towards Juristocracy Book in PDF, ePub and Kindle
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
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.