Comparative Judicial Review
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Comparative Judicial Review
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Author : Erin F. Delaney
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
Comparative Judicial Review written by Erin F. Delaney and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
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.
Human Rights And Judicial Review A Comparative Perspective
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Author : David M. Beatty
language : en
Publisher: BRILL
Release Date : 2021-09-27
Human Rights And Judicial Review A Comparative Perspective written by David M. Beatty and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.
Comparative Judicial Systems
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Author : John R. Schmidhauser
language : en
Publisher: Elsevier
Release Date : 2013-10-22
Comparative Judicial Systems written by John R. Schmidhauser and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-22 with Law categories.
Comparative Judicial Systems: Challenging Frontiers in Conceptual and Empirical Analysis is a comprehensive and cohesive collection of investigative essays written by significant contributors in the field of comparative judicial institutions and politics. These essays seek to explain the judicial systems of different nations and analyze their implications. The book is divided into three parts. Part I deals with the integration of courts into the study of politics and conceptual frameworks in comparative cross-national legal and judicial research. Part II covers analyses of the judicial systems of a certain nation, while Part III compares and analyzes judicial systems of different nations as well as their judicial background in relation to their subculture. The text is recommended for lawyers as well as those in the field of political science and in the judicial branch, especially those who are looking to countries as examples for the improvement of their local systems.
Mapping Comparative Judicial Review
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Author : Miguel Schor
language : en
Publisher:
Release Date : 2011
Mapping Comparative Judicial Review written by Miguel Schor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
This Article explores the questions scholars ask about comparative constitutional judicial review and critically assesses the answers they provide. Scholars ask three, interrelated questions: (i) why has judicial review (almost) conquered democracy; (ii) whether empowering courts to construe constitutions has a democratic pay-off; and (iii) how best to make sense of the variation that judicial review exhibits around the world. The Article makes two principal conclusions. First, our scholarly maps of judicial review have for too long viewed the world through the prism of the exceptional American Supreme Court. Our understanding of judicial review would be improved if our maps were to deemphasize and contextualize the American experience. Second, the questions scholars ask about comparative judicial review implicitly rest on larger questions about democracy that need to be teased out and illuminated. In short, questions about the emergence and maintenance of democracy and the problematic relationship that American constitutionalism bears to other forms of constitutionalism around the globe lie at the root of our understanding of comparative judicial review.
The Oxford Handbook Of Comparative Judicial Behaviour
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-10-18
The Oxford Handbook Of Comparative Judicial Behaviour written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-18 with Law categories.
These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars—and mostly political scientists at that—now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society. Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals—providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advocacy, litigation, and appellate review; opinions; relations within, between, and among courts; judicial independence; court and society; and frontiers of comparative judicial behaviour—dedicated to expanding on opportunities for advancement. Rather than focusing on particular courts, countries, or regions, the organization of the individual chapters is topical. Each chapter explores an important topic-critically evaluating the state of that topic and identifying opportunities for future work. While the forty-two chapters share a common interest in explaining the causes and effects of judicial choices, the range of approaches to comparative research is wide, inclusive, and interdisciplinary, from contrasts and similarities to sophisticated research agendas reflecting the emerging field of judicial behaviour around the world.
Judicial Review And Public Policy In Comparative Perspective
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Author : Donald Wilson Jackson
language : en
Publisher:
Release Date : 1990
Judicial Review And Public Policy In Comparative Perspective written by Donald Wilson Jackson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
Judicial Control
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Author : Rob Bakker
language : en
Publisher: Maklu
Release Date : 1995
Judicial Control written by Rob Bakker and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
The Global Expansion Of Judicial Power
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Author : C Neal Tate
language : en
Publisher: NYU Press
Release Date : 1997-06-01
The Global Expansion Of Judicial Power written by C Neal Tate and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-01 with Law categories.
Essays examining the trend of expanding judicial powers in government around the world. In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hardline parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are—or will be—important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision-making arenas by quasi-judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millennium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurrence—or lack of occurrence—in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
Comparative Judicial Review And Public Policy
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Author : Donald W. Jackson
language : en
Publisher: Praeger
Release Date : 1992-09-17
Comparative Judicial Review And Public Policy written by Donald W. Jackson and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-09-17 with Law categories.
This is one of the few book-length analyses of judicial review and public policy in very different parts of the world today. Donald W. Jackson and C. Neal Tate have gathered together respected scholars and set forth a framework for comparative analysis into the origins of judicial review, its use as a policy tool, and its exercise and impact in the policy-making process. Political scientists, public policy analysts, and public administrators will find this a thought-provoking study in comparative politics and public administration and a useful classroom text. The text opens with an overview and a delineation of basic concepts and closes with a framework for analyzing the exercise of judicial review in policy making. The major part of the book offers case studies and analyses of the establishment of judicial review as a policy tool, and the impact of judicial review in various types of legal situations. These studies cover twelve countries, including the United States, Great Britain, Japan, India, Israel, and the USSR, among others. Chapter reference lists and a selected bibliography at the end of the book refer readers to current studies of importance.
Comparative Studies On The Judicial Review System In East And Southeast Asia
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Author : Yong Zhang
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-29
Comparative Studies On The Judicial Review System In East And Southeast Asia written by Yong Zhang and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-29 with Law categories.
This book presents a unique perspective on the development and status quo of judicial review in East and Southeast Asia. In particular, it answers the questions of whether the system of judicial review of administrative action functions in East and Southeast Asian countries in the same way as in Western countries, and whether this system functions in the same way in countries that adopt the principle of concentration of powers and the principle of separation of powers. Together with papers on judicial review in the Netherlands and Germany, and references to English law, the legal systems discussed constitute a heterogeneous group of developed and developing economies, continental and Anglo-Saxon systems of law and capitalist and socialist legal orders. The research and comparisons presented here form an invaluable resource for any scholar and lawyer interested in contemporary Asian law, or in the many facets of comparative administrative law.