Cases, Materials and Text on Judicial Review of Administrative Action, Chris Backes, Mariolina Eliantonio
Автор: Landfried Christine Название: Judicial Power ISBN: 1108425666 ISBN-13(EAN): 9781108425667 Издательство: Cambridge Academ Рейтинг: Цена: 121440.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Featuring works by scholars and practitioners, this book offers an exciting analysis of the power of national and transnational constitutional courts. In times of rising populism, the authors examine the conditions under which constitutional courts can be a resource for democratic governance. Of interest to students, researchers, and practitioners.
Автор: Janina Boughey Название: Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? ISBN: 1509907866 ISBN-13(EAN): 9781509907861 Издательство: Bloomsbury Academic Рейтинг: Цена: 126720.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier amongst common law jurisdictions, in having neither a statutory nor a constitutional framework to expressly protect human rights, explaining why Australia alone continues to take an apparently 'formalist, ' 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all of these claims remain just that as there has been limited detailed analysis of the issue, and no detailed comparative analysis of the claims' veracity. This book analyzes in detail administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles, including the rule of law and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights. Revised Dissertation. (Series: Hart Studies in Comparative Public Law, Vol. 16) Subject: Public Law, Human Rights Law, Comparative Law, Administrative Law
Автор: Nelson William E. Название: Marbury V. Madison: The Origins and Legacy of Judicial Review, Second Edition, Revised and Expanded ISBN: 0700626409 ISBN-13(EAN): 9780700626403 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 21250.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court’s standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution.Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court’s prestige and power rather than have it serve partisan political agendas.
Автор: Knight, Dean R. (victoria University Of Wellington) Название: Vigilance and restraint in the common law of judicial review ISBN: 110719024X ISBN-13(EAN): 9781107190245 Издательство: Cambridge Academ Рейтинг: Цена: 105600.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Examining doctrinal, conceptual and normative dimensions of judicial review of administrative action, Dean R. Knight explores how Anglo-Commonwealth courts vary the depth of scrutiny in a variety of ways and critically appraises the virtues of different approaches.
Автор: Edited By Albert H. Название: Constitutional courts in asia ISBN: 110719508X ISBN-13(EAN): 9781107195080 Издательство: Cambridge Academ Рейтинг: Цена: 121440.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: A comparative, critical analysis of constitutional courts and constitutional review in Asia, appealing to those who are interested in comparative constitutional law, comparative politics, and Asian studies, particularly from the point of view of human rights, democracy, legal systems, the Rule of Law, constitutional adjudication and governance.
Автор: Kierulf Anine Название: Judicial Review in Norway ISBN: 1108426689 ISBN-13(EAN): 9781108426688 Издательство: Cambridge Academ Рейтинг: Цена: 109830.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The Norwegian constitution is the second oldest in the world and has much to teach the world about balancing the rule of law against majority rule. This is the story of Norwegian constitutionalism from 1814 onwards, told through Supreme Court cases reviewing legal statutes under the constitution and European Convention of Human Rights (ECHR) law.
Автор: William E. Nelson Название: Marbury v. Madison: The Origins and Legacy of Judicial Review, Second Edition, Revised and Expanded ISBN: 0700626530 ISBN-13(EAN): 9780700626533 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 83590.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court’s standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution.Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court’s prestige and power rather than have it serve partisan political agendas.
Автор: Jonathan Varat, Vikram Amar Название: Constitutional Law, Cases and Materials: 2018 Supplement ISBN: 1640209360 ISBN-13(EAN): 9781640209367 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 23100.00 T Наличие на складе: Невозможна поставка. Описание: This supplement brings the principal text current with recent developments in the law.
Автор: Kristin E. Hickman, Richard J. Pierce Jr. Название: Federal Administrative Law, Cases and Materials - CasebookPlus ISBN: 1642428809 ISBN-13(EAN): 9781642428803 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 284590.00 T Наличие на складе: Невозможна поставка. Описание: This casebook is designed with an emphasis on accessibility, includes many discussion problems and questions focusing on real-world application, and gives students a solid grounding in the basic principles of administrative law that they might come across in regulatory practice. While it pays due attention to the historical evolution of the doctrine in certain areas, this casebook focuses more heavily on current standards. Administrative law as a subject matter encompasses some very interesting theoretical discussions. Rather than remain strictly theoretical to the point of bordering on encyclopedic, this book tends toward the more practical, while still including enough reference to theory to enable a professor who wants to introduce more theoretical discussion into the classroom to do so. The new edition includes sufficient material to support an advanced administrative law course taught to students with previous exposure to the regulatory state.
Автор: Sarah Nason Название: Reconstructing Judicial Review ISBN: 1509928820 ISBN-13(EAN): 9781509928828 Издательство: Bloomsbury Academic Рейтинг: Цена: 36950.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book offers a new interpretation of judicial review in England and Wales as being concerned with the advancement of justice and good governance, as opposed to being concerned primarily with ultra vires or common law constitutionalism. It is developed both from examining the functions and values that ought to be served by judicial review, and from analysis of empirical ‘social’ facts about judicial review primarily as experienced in the Administrative Court. Based on ground-up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant/irrelevant considerations, breach of an ECHR protected right or equality duty, and constitutional allocation of powers, constitutional rights, or other complex constitutional principles. It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies. It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgement is involved on the part of the initial decision-maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality. It finds that judges apply ordinary common law principles of statutory interpretation with historical pedigrees, including assessing the initial decision-maker’s reasoning with reference to statutory purpose, and sifting relevant from irrelevant considerations, including moral considerations. The result is a ground-breaking reassessment of the grounds of judicial review in England and Wales and the practice of the Administrative Court.
Автор: Janina Boughey Название: Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? ISBN: 1509933107 ISBN-13(EAN): 9781509933105 Издательство: Bloomsbury Academic Рейтинг: Цена: 47510.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that - there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.
Автор: Patrick Brennan, William Brewbaker III Название: Christian Legal Thought: Materials and Cases ISBN: 1609302311 ISBN-13(EAN): 9781609302313 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 227310.00 T Наличие на складе: Невозможна поставка. Описание: Examines law through the broad lens of Christian thought, both Catholic and Protestant. The book addresses methodological issues in Christian legal scholarship; the relevance of Christian theological doctrines; the significance of historical context for Christian legal thought; Christian reflection on important jurisprudential issues; and Christian perspectives on various legal subjects.
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