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Author: Shai Dothan
Publisher: Cambridge University Press
ISBN: 1108488765
Category : Law
Languages : en
Pages : 173
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Book Description
The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.
Author: Shai Dothan
Publisher: Cambridge University Press
ISBN: 1108488765
Category : Law
Languages : en
Pages : 173
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Book Description
The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.
Author: Anine Kierulf
Publisher: Cambridge University Press
ISBN: 1108648649
Category : Law
Languages : en
Pages : 326
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Book Description
Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights. Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.
Author: Christina Voigt
Publisher: Cambridge University Press
ISBN: 1108497179
Category : Law
Languages : en
Pages : 505
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Book Description
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Author: Guobin Zhu
Publisher: Springer Nature
ISBN: 3030315398
Category : Law
Languages : en
Pages : 445
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Book Description
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Author: Graham D. S. Taylor
Publisher:
ISBN: 9780947514570
Category : Administrative law
Languages : en
Pages :
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Book Description
Judicial Review: A New Zealand Perspective was the first book of its kind that gave a detailed commentary on the subject of Judicial review in New Zealand. The book is a treatise on the subject and well regarded in the Practitioner and Academic markets. It consists of four parts: The Basic Structure of Judicial Review, The Process of Judicial Review, Procedure and Evidence, and Ground of Judicial Review.
Author: Erin F. Delaney
Publisher: Edward Elgar Publishing
ISBN: 1788110609
Category : Law
Languages : en
Pages : 463
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Book Description
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.
Author: Hugh Southey
Publisher: Jordan Publishing (GB)
ISBN: 9781784730963
Category : Administrative remedies
Languages : en
Pages : 0
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Book Description
Judicial Review: A Practical Guide is a handbook which aims to be a first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings. This new edition has been significantly amended to take account of the following developments in law and practice, including: * Development of the Unified Tribunal system with transfers of judicial reviews * Regionalisation of Administrative Court * Clear development of mistake of fact as a mistake of law * Increasing understanding of the impact of the Human Rights Act * Limitations upon judicial review in the context of immigration * Ongoing case-law developments * Changes to Appeals (CPR Pt 52) * Developments in costs and funding In addition to the authors' commentary, Judicial Review: A Practical Guide contains over 20 precedents covering all aspects of the litigation process, together with all the main legislative and judicial materials.
Author: Maya Steinitz
Publisher:
ISBN: 1107162858
Category : Law
Languages : en
Pages : 257
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Book Description
An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.
Author: Theresa Squatrito
Publisher: Cambridge University Press
ISBN: 1108425690
Category : Law
Languages : en
Pages : 471
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Book Description
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author: David M. Beatty
Publisher: BRILL
ISBN: 9004479406
Category : Law
Languages : en
Pages : 374
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Book Description
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.
