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Author : Lorne Sossin
Publisher : Scarborough, Ont. : Carswell
Page : 246 pages
File Size : 52,8 Mb
Release : 1999
Category : Law
ISBN : 0459239287
Author : Mark Tushnet
Publisher : Princeton University Press
Page : 288 pages
File Size : 46,6 Mb
Release : 2009-07-20
Category : Political Science
ISBN : 9781400828159
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Author : Roy B. Flemming
Publisher : UBC Press
Page : 146 pages
File Size : 41,5 Mb
Release : 2004
Category : Law
ISBN : 0774810831
Canada's Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place? From the several hundred requests for judicial review filed every year, how and why do the justices pick some cases but not others for review? Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases "win" a place on the Court's agenda and others do not. Taking the approach that the process mimics a sports tournament, this study raises several vital questions. For example, is there an elite Supreme Court "bar" that routinely wins the tournament? Do the Court's rules affect the tournament's outcomes? Or does winning and losing reflect the resources of the parties? As players in this tournament, how do the judges play the game and how does it affect their votes to grant or deny judicial review? Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada's Supreme Court, Roy B. Flemming offers both a qualitatively- and quantitatively-based explanation of how Canada's justices grant judicial review. The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth, and European countries whose high courts share many features of the appeals process in Canada.
Author : LORNE. WALDMAN
Publisher : Unknown
Page : 128 pages
File Size : 45,6 Mb
Release : 2020
Category : Electronic
ISBN : 043350594X
Author : Stanley A. De Smith,John Maxwell Evans
Publisher : Unknown
Page : 704 pages
File Size : 40,9 Mb
Release : 1980
Category : Judicial review of administrative acts
ISBN : UCAL:B4160329
Author : Edward Samuel Corwin
Publisher : The Lawbook Exchange, Ltd.
Page : 190 pages
File Size : 53,8 Mb
Release : 2010-11
Category : Constitutional history
ISBN : 9781584770114
Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts.
Author : Scott E. Lemieux,David J. Watkins
Publisher : Routledge
Page : 296 pages
File Size : 47,7 Mb
Release : 2017-11-03
Category : Political Science
ISBN : 9781351602129
For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.
Author : Guobin Zhu
Publisher : Springer Nature
Page : 445 pages
File Size : 46,6 Mb
Release : 2019-11-23
Category : Law
ISBN : 9783030315399
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Author : M. L. M. Hertogh,Simon Halliday
Publisher : Cambridge University Press
Page : 334 pages
File Size : 45,8 Mb
Release : 2004-08-19
Category : Law
ISBN : 0521547865
A collection of essays which focus on the relationship between judicial review and bureaucratic behaviour.
Author : Carissima Mathen,Michael Plaxton
Publisher : UBC Press
Page : 281 pages
File Size : 52,7 Mb
Release : 2020-06-01
Category : Law
ISBN : 9780774864305
The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon – a federal court judge – for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. The Tenth Justice offers a detailed analysis of the background, issues surrounding, and legacy of the Reference re Supreme Court Act, ss 5 and 6.
Author : Rajendra Ramlogan
Publisher : Routledge
Page : 344 pages
File Size : 42,6 Mb
Release : 2013-01-11
Category : Law
ISBN : 9781136775604
The establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasingly those influencing the debate are a more educated and articulate Caribbean people, insisting on proper governance of the area's public bodies. This new book analyzes judicial review, a mechanism for achieving public justice, through emerging case law in the hope that it will cast light on the jurisprudential evolution of Caribbean society in the twenty-first century. Bringing together cases and materials on judicial review in the Caribbean for the first time, this book examines what judicial review is, before going on to discuss the grounds, obstacles and conduct within the judicial review process. It concludes by examining the future of judicial review and justice more generally in the Caribbean. Legal professionals in the Caribbean will find it a useful and comprehensive reference tool.
Author : Hugh Southey,Amanda Weston (Barrister),Jude Bunting,Raj Desai
Publisher : Jordan Publishing (GB)
Page : 0 pages
File Size : 40,8 Mb
Release : 2017
Category : Administrative remedies
ISBN : 1784730963
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 : Josephine De Jaegere
Publisher : Unknown
Page : 0 pages
File Size : 51,6 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 : Erin F. Delaney,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 42,8 Mb
Release : 2018-09-28
Category : Law
ISBN : 9781788110600
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 : Graham D. S. Taylor
Publisher : Unknown
Page : 128 pages
File Size : 44,5 Mb
Release : 2018-03
Category : Administrative law
ISBN : 0947514570
Judicial Review: A New Zealand Perspective was the first book of its kind that gave a detailed commentary on the subject of Judicial review in New Zealand. The book is a treatise on the subject and well regarded in the Practitioner and Academic markets. It consists of four parts: The Basic Structure of Judicial Review, The Process of Judicial Review, Procedure and Evidence, and Ground of Judicial Review.