This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation.
An exploration of how and why the Constitution's plan for independent courts has failed to protect individuals' constitutional rights, while advancing regressive and reactionary barriers to progressive regulation.
Judicial Review, Third Edition covers the grounds for review, defences to an application, the remedies and procedures involved and covers the Rules of the Superior Courts 2011, SI 691/2011.
A sitting justice reflects upon the authority of the Supreme Court-how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it.
From the ancient origins of Just War doctrine to utilitarian and retributive theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power.
Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
As the Kadi-hype following the 2008 European Court of Justice judgment demonstrated, there are many problems associated with the judicial review of acts of international organizations.
The second volume in this series explores the evolution of administrative laws in Europe to better understand the foundations of EU institutions, focusing on the period of 1890-1910.
This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.
This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation.
The 3rd edition of this leading text provides a detailed account of the purposes of judicial review; the nature of the public-private divide in Northern Ireland law; the judicial review procedure; the grounds for review; and remedies.
In its six-decade history, the German Federal Constitutional Court has become one of the most powerful and influential constitutional tribunals in the world.
Das Buch bietet eine Anleitung für verfassungsrechtliche Übungs- und Examensarbeiten anhand verschiedener Aufbauschemata zu den typischerweise in Prüfungen vorkommenden Verfahrensarten vor dem Bundesverfassungsgericht.
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia.
Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution?
Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review.
Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution?
Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review.
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia.