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Author : Lorne Sossin
Publisher : Scarborough, Ont. : Carswell
Page : 246 pages
File Size : 49,6 Mb
Release : 1999
Category : Law
ISBN : 0459239287
Author : Jonathan Sumption
Publisher : Profile Books
Page : 77 pages
File Size : 45,6 Mb
Release : 2019-08-29
Category : Law
ISBN : 9781782836223
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 : Ellie Palmer
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 47,7 Mb
Release : 2007-08-31
Category : Law
ISBN : 9781847313768
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 : Jeffrey L. Jowell
Publisher : Taylor & Francis
Page : 96 pages
File Size : 55,9 Mb
Release : 1988
Category : Contrôle juridictionnel de l'administration - Grande-Bretagne
ISBN : 0420478000
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.
Author : Sudhanshu Ranjan
Publisher : Routledge
Page : 359 pages
File Size : 43,6 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781317809777
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 : Tsvi Kahana,Anat Scolnicov
Publisher : Cambridge University Press
Page : 0 pages
File Size : 45,9 Mb
Release : 2018-02-08
Category : Political Science
ISBN : 1107665744
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 : Alexander M. Bickel
Publisher : Yale University Press
Page : 322 pages
File Size : 42,8 Mb
Release : 1986-09-10
Category : Law
ISBN : 0300173334
This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court’s power. In this way he accomplishes his stated purpose: “to have the Supreme Court’s exercise of judicial review better understood and supported and more sagaciously used.” The book now includes new foreword by Henry Wellington.Reviews of the Earlier Edition:“Dozens of books have examined and debated the court’s role in the American system. Yet there remains great need for the scholarship and perception, the sound sense and clear view Alexander Bickel brings to the discussion.... Students of the court will find much independent and original thinking supported by wide knowledge. Many judges could read the book with profit.” -Donovan Richardson, Christian Science Monitor“The Yale professor is a law teacher who is not afraid to declare his own strong views of legal wrongs... One of the rewards of this book is that Professor Bickel skillfully knits in "ations from a host of authorities and, since these are carefully documented, the reader may look them up in their settings. Among the author’s favorites is the late Thomas Reed Powell of Harvard, whose wit flashes on a good many pages.” -Irving Dillard, Saturday ReviewAlexander M. Bickel was professor of law at Yale University.
Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 48,6 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Author : Tsvi Kahana,Anat Scolnicov
Publisher : Cambridge University Press
Page : 341 pages
File Size : 40,9 Mb
Release : 2016-10-20
Category : Law
ISBN : 9781107066502
The book explores the various and sometimes unexpected ways in which states, human rights, and private actors intersect.
Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 43,6 Mb
Release : 2013
Category : History
ISBN : 9780774823500
In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.
Author : Dean R. Knight
Publisher : Cambridge University Press
Page : 309 pages
File Size : 44,7 Mb
Release : 2018-04-19
Category : LAW
ISBN : 9781107190245
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 50,5 Mb
Release : 2021
Category : Law
ISBN : 9780192896919
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Author : David J. Mullan
Publisher : University of Toronto Press
Page : 513 pages
File Size : 48,9 Mb
Release : 2006-01-01
Category : Law
ISBN : 9780802092458
The rise to prominence of administrative law in the second half of the twentieth century is often remarked upon as the greatest legal development of the period. In this process there has been considerable borrowing of ideas and learning from experiences elsewhere in the common law world. This volume brings together administrative law scholars and judges from around the globe to address important issues in the field and to honour the career of one of the leading administrative lawyers in the Anglo-Commonwealth world, Professor David Mullan. Editors Grant Huscroft and Michael Taggart have identified the broad themes in Mullan's work - procedural fairness; scope of review and deference; the interrelationship of administrative law and human rights; the legitimacy of state regulation and tribunal adjudication; common law comparativism - and invited contributions on those themes from leading scholars in Canada, the United Kingdom, Australia, South Africa, and the United States. A fitting tribute to a great scholar, Inside and Outside Canadian Administrative Law will prove fascinating to students, teachers, and practitioners of administrative law as well as policy makers and political scientists.
Author : Josephine De Jaegere
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 2019
Category : Courts
ISBN : 1780686943
Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system.
Author : Christopher F. Edley
Publisher : Yale University Press
Page : 288 pages
File Size : 42,9 Mb
Release : 1992-07-29
Category : Law
ISBN : 0300052537
This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.