Constitutional Dialogue as the Justification for Judicial Review PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constitutional Dialogue as the Justification for Judicial Review PDF full book. Access full book title Constitutional Dialogue as the Justification for Judicial Review by Trevor R. S. Allan. Download full books in PDF and EPUB format.
Author: Trevor R. S. Allan
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 26
Get Book Here
Book Description
Author: Trevor R. S. Allan
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 26
Get Book Here
Book Description
Author: T. R. S. Allan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The lively debate over the constitutional foundations of judicial review has been marred by a formalism which obscures its point and value. Abstracted from genuine issues of substance, the rival positions offer inadequate accounts of the legitimacy of judicial review; constitutional theory must regain its connection with questions of political principle and moral value. Although the critics of ultra vires have rightly emphasized the foundational role of the common law, they have misconceived its nature and implications. On the one hand, they have invited the charge of judicial supremacism by marginalizing the role of legislative intent; on the other, their affirmation of absolute parliamentary sovereignty (within the context of this debate) undermines the critique of ultra vires. In substance, therefore, the rival camps occupy essentially the same ground, equally trapped by a formalism that entrenches a stark confrontation between parliamentary sovereignty and the rule of law. A conception of shared sovereignty, or interdependent sovereignties, provides a better foundation for judicial review.
Author: Geoffrey Sigalet
Publisher: Cambridge University Press
ISBN: 1108417582
Category : Law
Languages : en
Pages : 487
Get Book Here
Book Description
Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
Author: Thomas Bustamante
Publisher: Springer
ISBN: 3319283715
Category : Law
Languages : en
Pages : 330
Get Book Here
Book Description
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.
Author: Louis Fisher
Publisher: Princeton University Press
ISBN: 1400859573
Category : Law
Languages : en
Pages : 317
Get Book Here
Book Description
Who makes constitutional law? Is constitutional doctrine the monopoly of the courts? In accessible and persuasive prose Louis Fisher explains that constitutional law is not solely or even primarily the Supreme Court's "final word" but rather a richly political convergence of separate interpretations. With a broad range of examples, he argues that constitutional principles emerge from a dialogue among all three branches of government--executive, legislative, and judicial. Important contributions also come from the states and the general public. Fisher identifies executive and legislative initiatives in many areas of constitutional significance. Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices." On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again. Originally published in 1988. 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: Edward Samuel Corwin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 200
Get Book Here
Book Description
![Models of Democratic Dialogue and the Justification for Judicial Review [microform] PDF](https://books.google.com/books/content/images/frontcover/lWGUtgAACAAJ?fife=w80-h100)
Author: Stephen J. (Stephen Joseph) Moreau
Publisher: Library and Archives Canada = Bibliothèque et Archives Canada
ISBN: 9780612954366
Category : Constitutional law
Languages : en
Pages : 294
Get Book Here
Book Description
Under the Charter, scholars have obsessed over the idea of reconciling judicial interpretations of the constitution with democracy. Dialogue theory postulates that judicial review is undemocratic but that, because of mechanisms found in the Charter, there is room for the legislature to respond to decisions striking down legislation. Dialogue theory suggests that judicial review is reconcilable with democracy because the word of an undemocratic group of judges is rarely final. In this thesis, the author critically examines dialogue theory and rejects it as a valid democratic defense to judicial review. He demonstrates how the Charter does not produce real dialogue and shows how dialogue theory both fails to provide an adequate definition to indicate what is democratic or dialogic about the legislative response process and incorrectly focuses on the nature of the legislative actors to justify judicial review. The author concludes with his own theory reconciling the Charter with democracy.
Author: John Hart Ely
Publisher: Harvard University Press
ISBN: 0674263294
Category : Law
Languages : en
Pages : 281
Get Book Here
Book Description
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author: Mark Elliott
Publisher: Hart Publishing
ISBN: 1841131806
Category : Law
Languages : en
Pages : 293
Get Book Here
Book Description
This book comprehensively analyses the foundations of judicial review.
Author: John Agresto
Publisher: Cornell University Press
ISBN: 9780801492778
Category : Law
Languages : en
Pages : 188
Get Book Here
Book Description
Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.
