Comparative Juridical Review

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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 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.

Comparative Juridical Review

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Author :
language : en
Publisher:
Release Date : 1992

Comparative Juridical Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Comparative law categories.

The Juridical Review

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Author :
language : en
Publisher:
Release Date : 1890

The Juridical Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1890 with Electronic journals categories.

Covers general areas of Scottish law including criminal, commercial, contract, delict, environmental, family, administrative, and socio-legal issues. Also includes some articles on comparative law, plus book reviews and case notes.

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.

Judicial Review Of Legislation

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Author : Gerhard van der Schyff
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-06-16

Judicial Review Of Legislation written by Gerhard van der Schyff and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-16 with Law categories.

Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.

Judicial Review In Comparative Law

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Author : Allan R. Brewer Carias
language : en
Publisher: Ediciones Olejnik
Release Date : 2023-11-24

Judicial Review In Comparative Law written by Allan R. Brewer Carias and has been published by Ediciones Olejnik this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-24 with Law categories.

"All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the “rigid” character of such constitution or fundamental law, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent or legislative process, preventing the ordinary legislator from doing so; and third, the establishment in that same written or unwritten and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. Accordingly, in democratic systems subjected to such principles, the courts have the power to refuse to enforce a statute when deemed to be contrary to the Constitu-tion, considering it null or void, through what is known as the diffuse system of judicial review; and in many cases, they even have the power to annul the said unconstitutional law, through what is known as the concentrated system of judicial review. The former, is the system created more than two hundred years ago by the Supreme Court of the United States, and that so deeply characterizes the North American Constitutional system. The latter system, has been adopted in consti-tutional systems in which the judicial power of judicial review has been generally assigned to the Supreme Court or to one special Constitutional Court, as is the case, for example, of many countries in Europe and in Latin America. This concentrated system of judicial review, although established in many Latin American countries since the 19th century, was only effectively developed particularly in the world after World War II following the studies of Hans Kelsen. Of course, during the past thirty years many changes have occurred in the world on these matters of Judicial Review, in particularly in Europe and specifically in the United Kingdom, where these Lectures were delivered. Nonetheless, I have decided to publish them hereto in its integrality, as they were: the written work of a law professor made as a consequence of his research for the preparation of his lectures, not pretending to be anything else, but the academic testimony of the state of the subject of judicial review in the world in 1985-1986". Allan R. Brewer–Carías.

Judicial Review In Comparative Law

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Author : A. R. Brewer-Carías
language : en
Publisher: Cambridge University Press
Release Date : 1989-09-07

Judicial Review In Comparative Law written by A. R. Brewer-Carías and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-09-07 with Law categories.

Comparative Studies On The Judicial Review System In East And Southeast Asia

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Author : International Institute for Asian Studies
language : en
Publisher: Springer
Release Date : 1997

Comparative Studies On The Judicial Review System In East And Southeast Asia written by International Institute for Asian Studies and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.

Papers mainly prepared for a conference on "Comparative studies on judicial review in East and Southeast Asia", held in Leiden, the Netherlands, on 31 August and 1 September 1995. Focus on the theoretical and practical problems associated with the judicial review of administrative actions.

An Index To Legal Periodical Literature

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Author : Leonard Augustus Jones
language : en
Publisher:
Release Date : 1899

An Index To Legal Periodical Literature written by Leonard Augustus Jones and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1899 with categories.