The Silent Prologue: How Judicial Philosophies Shape Our Constitutional Rights, Ofer Raban

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: Davis
Название: Critical Debates on Counter-Terrorism Judicial Review
ISBN: 1107053617 ISBN-13(EAN): 9781107053618
Издательство: Cambridge Academ
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Цена: 116160.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Is judicial review an effective and appropriate way to regulate counter-terrorism measures? Does the judiciary lack the necessary expertise, or is it a vital safeguard for the principle of constitutionalism? In this book, leading experts explore this debate from a broad range of jurisdictions, from North America, Europe and Australasia.

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: Davis
Название: Critical Debates on Counter-Terrorism Judicial Review
ISBN: 1107662966 ISBN-13(EAN): 9781107662964
Издательство: Cambridge Academ
Рейтинг:
Цена: 40130.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Is judicial review an effective and appropriate way to regulate counter-terrorism measures? Does the judiciary lack the necessary expertise, or is it a vital safeguard for the principle of constitutionalism? In this book, leading experts explore this debate from a broad range of jurisdictions, from North America, Europe and Australasia.