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Author : Edward McWhinney
Publisher : Unknown
Page : 256 pages
File Size : 40,5 Mb
Release : 1960
Category : Judicial review
ISBN : STANFORD:36105043916670
Author : Edward McWhinney
Publisher : Unknown
Page : 296 pages
File Size : 47,6 Mb
Release : 1969
Category : Law
ISBN : UOM:49015000221615
First-3d ed. published under title: Judicial review in the English-speaking world.
Author : Edward McWhinney
Publisher : Martinus Nijhoff Publishers
Page : 334 pages
File Size : 40,9 Mb
Release : 1986
Category : Law
ISBN : 9024732034
This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of Justice & Specific Problems. Added features of this publication include a list of abbreviations, an extensive glossary, maps, & charts. This book is an offprint of the International Encyclopaedia of Laws: Constitutional Law .
Author : Edward McWhinney
Publisher : Unknown
Page : 274 pages
File Size : 42,9 Mb
Release : 1965
Category : Law
ISBN : UOM:39015030803129
This is the third edition of a comparative analysis of the constitution of the United Kingdom, the Commonwealth, and the United States, giving particular attention to the effect of judicial interpretation of legislation in each of these countries.
Author : Mauro Cappelletti
Publisher : MICHIE
Page : 144 pages
File Size : 43,8 Mb
Release : 1971
Category : Law
ISBN : STANFORD:36105043867519
Author : Swati Jhaveri,Michael Ramsden
Publisher : Cambridge University Press
Page : 447 pages
File Size : 49,5 Mb
Release : 2021-03-18
Category : Law
ISBN : 9781108481571
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author : Giacinto Della Cananea,Mauro Bussani
Publisher : Oxford University Press
Page : 417 pages
File Size : 50,7 Mb
Release : 2021
Category : Judicial review
ISBN : 9780198867609
This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.
Author : Myres S. McDougal,Harold D. Lasswell,Lung-chu Chen
Publisher : Oxford University Press
Page : 800 pages
File Size : 47,6 Mb
Release : 2018-11-16
Category : Law
ISBN : 9780190882655
In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.
Author : René David,John E. C. Brierley
Publisher : Simon and Schuster
Page : 612 pages
File Size : 48,6 Mb
Release : 1978
Category : Comparative law
ISBN : 9780029076101
A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.
Author : Gordon Slynn Baron Slynn of Hadley
Publisher : Kluwer Law International B.V.
Page : 724 pages
File Size : 48,9 Mb
Release : 2000-06-14
Category : Law
ISBN : 9789041113726
Paradigm in Judicial Review
Author : Imtiaz Omar
Publisher : Martinus Nijhoff Publishers
Page : 409 pages
File Size : 47,5 Mb
Release : 2023-07-03
Category : Law
ISBN : 9789004633759
This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the Critical Legal Studies tradition. The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.
Author : Kai Marchal,Carl K. Y. Shaw
Publisher : Lexington Books
Page : 291 pages
File Size : 49,7 Mb
Release : 2017-02-22
Category : Political Science
ISBN : 9781498536271
Carl Schmitt and Leo Strauss in the Chinese-Speaking World: Reorienting the Political examines the reception of Carl Schmitt and Leo Strauss in China and Taiwan. The legacies of both Schmitt, the German legal theorist and thinker who joined the Nazi party, and Strauss, the German-Jewish classicist and political philosopher who became famous after his emigration to the United States, are highly controversial. Since the 1990s, however, these thinkers have had a powerful resonance for Chinese scholars. Today, when Chinese intellectuals debate the Chinese state, the future role of China in the world, the liberal international order, and even the meaning of Confucian civilization, they often employ Schmittian and Straussian concepts like “the political,” “friend–enemy,” “state of exception,” “liberal education,” and “natural right.” The very possibility of a genuine Chinese political theory is often thought to be tied to the legacy of these two thinkers. This volume explores this complex phenomenon with a cross-cultural and interdisciplinary approach. The twelve essays in this volume are written from a range of perspectives by philosophers, political theorists, historians, and legal scholars from China, Germany, Taiwan, and the United States.
Author : Kaiyan Homi Kaikobad
Publisher : BRILL
Page : 383 pages
File Size : 45,8 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481015
This monograph provides an extensive analysis of the powers of judicial review exercised by the International Court of Justice with respect to judgments of the Administrative Tribunals of the International Labour Organization and the United Nations. The grounds on which these judgments can be challenged include excess jurisdiction, procedural errors and errors of law relative to the Charter of the United Nations. The system, however, suffers from a number of difficulties, including lack of procedural equality, the propriety of employing the Court's advisory jurisdiction in employer-employee disputes, and the nature of the activities of the Review Committee of the General Assembly. These problems are examined with a view to shedding light on the nature, scope and extent of the Court's powers of judicial review. The main study is preceded by an exhaustive survey of the genesis of the review system established by the Statutes of these Tribunals. Included also in this volume is an account of the informal and rudimentary judicial review arrangement the Court enjoys by way of its advisory and contentious jurisdiction with respect to institutional action other than that of UNAT and ILOAT judgments. When in 1995 the General Assembly abolished the UNAT review system, various considerations were in the forefront: a detailed survey of which is provided in the penultimate part of the book. Several significant themes are explored in the concluding chapter. These include issues dealing with the motivation for establishing the review system, the divisions within the Court and possible reform, as opposed to abolition, of the system.
Author : John Dugard
Publisher : Princeton University Press
Page : 492 pages
File Size : 43,6 Mb
Release : 2015-03-08
Category : Law
ISBN : 9781400868124
As an Advocate of the Supreme Court, John Dugard observes the South African legal order daily in operation. In this book he provides a thorough description and probing analysis of the workings of the system. He places South Africa's legal order in a comparative context, examining the climate of legal opinion, crucial judicial decisions, and their significance in relation to contemporary thought and practice in England, America, and elsewhere. He also considers South Africa's laws in the light of its history, politics, and culture. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author : Dr. Swapna Deka Mandrinath
Publisher : Notion Press
Page : 409 pages
File Size : 46,9 Mb
Release : 2015-01-01
Category : Law
ISBN : 9789384391447
"Since the day the Constitution of India came into force, Judicial Activism has existed in different forms under the Constitution. Judicial Activism initiated by the higher judiciary in India has started serious debates on the Court’s undefined power to place substantive as well as procedural limits on the executive as well as the legislature. The Court’s new role to make law and give directions has been criticised as the usurpation of powers that belong to the other two organs. The Court has been defending its new role to uphold the constitutional values of protecting the human rights of the people thereby upholding the principle of Rule of Law. Through this book, Dr. Deka Swapna Manindranath analyses the legitimacy of Judicial Activism in India as well as the intrusions made by the judiciary in the name of Judicial Activism. The author argues that Judicial Activism under the Constitution has been inevitable in view of the socio-economic and political conditions of the nation as well as due to the laxity of performance on the part of the other two organs. This book will be of interest to the research scholars and students of Indian Constitutional law and Political Science, judges, lawyers and general readers interested in knowing about the phenomenon of Judicial Activism in India."
