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Author: Lorne Sossin
Publisher: Scarborough, Ont. : Carswell
ISBN: 9780459239282
Category : Law
Languages : en
Pages : 246
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Book Description
Author: Lorne Sossin
Publisher: Scarborough, Ont. : Carswell
ISBN: 9780459239282
Category : Law
Languages : en
Pages : 246
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Book Description
Author: Jonathan Sumption
Publisher: Profile Books
ISBN: 1782836225
Category : Law
Languages : en
Pages : 77
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Book Description
A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Author: Tsvi Kahana
Publisher: Cambridge University Press
ISBN: 9781107665743
Category : Political Science
Languages : en
Pages : 0
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Book Description
This collection of essays draws together innovative scholars to examine the relationship between two legal and political phenomena: the shrinking of the state as a monopoly of power in favour of the expansion of power over individuals in private hands, and the change in the nature of rights. The authors expertly discuss the implications of the changing boundaries of state power, the legal responses to this development, its application to human rights, and re-conceptualizations of public life as obligations are handed over to private hands. This innovative book deals with an important set of problems and offers a fresh perspective of different legal themes in an integrated fashion.
Author: Dean R. Knight
Publisher: Cambridge University Press
ISBN: 110719024X
Category : LAW
Languages : en
Pages : 309
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Book Description
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Author: Jeffrey L. Jowell
Publisher: Taylor & Francis
ISBN: 9780420478009
Category : Contrôle juridictionnel de l'administration - Grande-Bretagne
Languages : en
Pages : 96
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Book Description
This collection of essays selects five issues which pose urgent challenges to administrative law: public/private law distinction, extension of the range of authorities that are subject to judicial review, the evolving doctrine about the protection of legitimate expectations, the principle of proportionality as a ground for review, & the increasing judicial supervision of the policy-making process.
Author: John Hampden Dougherty
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 150
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Book Description
Author: Sudhanshu Ranjan
Publisher: Routledge
ISBN: 1317809777
Category : Law
Languages : en
Pages : 359
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Book Description
This book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.
Author: Larry Kramer
Publisher: Oxford University Press, USA
ISBN: 9780195306453
Category : History
Languages : en
Pages : 380
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Book Description
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author: Jennifer Nedelsky
Publisher: University of Chicago Press
ISBN: 0226569713
Category : Law
Languages : en
Pages : 358
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Book Description
Federalists vision of the Constitution; an interdisciplinary investigation.
Author: John H. Pennybacker
Publisher:
ISBN:
Category : Broadcasting
Languages : en
Pages : 42
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Book Description
