Judicial lawmaking and administrative law, Frits Stroink, Eveline Van der Linden

Автор: Lewans Matthew
Название: Administrative Law and Judicial Deference
ISBN: 1509921133 ISBN-13(EAN): 9781509921133
Издательство: Bloomsbury Academic
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Цена: 41170.00 T
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Описание: Should judges defer to administrative decisions? This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions-the United Kingdom, the United States of America, and Canada-over the past one hundred years.

Автор: Patricia Popelier, Helen Xanthaki, William Robinson, Joao Tiago Silveira, Felix Uhlmann
Название: Lawmaking in Multi-level Settings: Legislative Challenges in Federal Systems and the European Union
ISBN: 150993605X ISBN-13(EAN): 9781509936052
Издательство: Bloomsbury Academic
Цена: 100320.00 T
Наличие на складе: Нет в наличии.
Описание: Based on selected papers from the International Association of Legislation’s 2018 Conference at Antwerp University this book considers the challenges posed by lawmaking in multi-level settings. It covers all multi-tiered systems, but a major focus is on the EU, where the tension between autonomy and efficacy is most evident.Part I examines the topic at the broadest level, including all types of multi-tiered systems. Part II focuses on the EU perspective and Part III on the perspective of the Member States.The authors are experts in various disciplines as well as practitioners, ensuring a multi-disciplinary approach.

Автор: Jonathan Lewallen
Название: Committees and the Decline of Lawmaking in Congress
ISBN: 0472132067 ISBN-13(EAN): 9780472132065
Издательство: Mare Nostrum (Eurospan)
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Цена: 62830.00 T
Наличие на складе: Нет в наличии.
Описание: The public, journalists, and legislators themselves have often lamented a decline in congressional lawmaking in recent years, often blaming party politics for the lack of legislative output. In Committees and the Decline of Lawmaking in Congress, Dr. Lewallen examines the decline in lawmaking from a new, committee-centered perspective. Dr. Lewallen tests his theory against other explanations such as partisanship and an increased demand for oversight with multiple empirical tests and traces shifts in policy activity by policy area using the Policy Agendas Project coding scheme. He finds that because party leaders have more control over the legislative agenda, committees have spent more of their time conducting oversight instead. Partisanship alone does not explain this trend; changes in institutional rules and practices that empowered party leaders have created more uncertainty for committees and contributed to a shift in their policy activities. The shift towards oversight at the committee level combined with party leader control over the voting agenda means that many members of Congress are effectively cut out of many of the institution’s policy decisions. This book comes at a time when many including Congress itself are considering changes to modernize the institution and keep up with a stronger executive branch. The book’s findings suggest that strengthening Congress will require more than finding different candidates or providing additional resources.

Автор: Moulds Sarah
Название: Committees of Influence: Parliamentary Rights Scrutiny and Counter-Terrorism Lawmaking in Australia
ISBN: 9811543526 ISBN-13(EAN): 9789811543524
Издательство: Springer
Цена: 121110.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Part 1 Parliamentary committees and their place within the Australian parliamentary landscape
1. Introduction Chapter 1 introduces the key themes of the book and underscores its relevance for public law scholars and students, and those engaged in the parliamentary system, for example as public servants or parliamentary counsel. It introduces themes such as: the role of parliamentary committees in rights protection in Australia and addresses the conventional scepticism of the parliamentary model of rights protection. It also sets out the structure of the book.
2. Methodology Chapter 2 sets out the unique methodology employed in this research, which seeks to measure three 'tiers' of impact: legislative (whether the content of proposed laws changes as a result of parliamentary committee activity);public (whether the public and/or parliamentary debate on proposed laws is influenced by the work of parliamentary committees); and hidden (whether the work of parliamentary committees has an impact on how proposed laws are developed prior to introduction into Parliament). Chapter 2 also includes an overview of past evaluations of parliamentary committees and describes how the assessment framework used this research is designed to overcome weaknesses and challenges previously encountered.
3. Overview of the Australian Parliamentary Committee System Chapter 3 provides an overview of the legal and political context in which parliamentary committees operate and introduces the particular committees studied. This chapter sets the foundations for measuring the type of impact these committees may be having on the development, debate and enactment of Australia's counter-terrorism law.
4. Counter-terrorism law making in Australia Chapter 4 provides an overview of the international and domestic context in which Australia's counter-terrorism laws and policies have been developed since September 2001, and introduces the separate Acts that make up the case study used in this research.
Part 2 Measuring the rights impact of parliamentary committees on Australia's counter-terrorism laws 5. Legitimacy and Participation Chapter 5 identifies the key participants in the four committees studied, and investigates the 'legitimacy' or 'political authority' of each of these committees as seen by its key participants. Understanding the views and perspectives of key participants in the system helps provide a more holistic picture of the nature of the impact each committee has had on the case study Acts. It also helps to set the parameters of realistic options for improving the rights-enhancing impact of each committee, discussed in Part III.
6. Legislative Impact Chapter 6 sets out evidence of the legislative impact of the four parliamentary committees on the case study Acts, providing a powerful indicator of their overall influence.
7. Public Impact Chapter 7 sets out evidence of the public impact of the four parliamentary committees on the case study Acts, including evidence that committees influenced or were considered in public or parliamentary debate or post-enactment review.
8. Hidden Impact Chapter 8 considers evidence of the hidden or 'behind-the-scenes' impact of the four parliamentary committees on the case study Acts, including whether or not the work of these committees influenced or was considered in the pre-introduction phase.
Part 3 The rights enhancing impact of the system of parliamentary committees - implications and options for reform9. Building upon the Complementary Strengths of Individual Committees within the system Part III of this thesis uses the evidence presented in Part II to substantiate th

Автор: Me?erschmidt
Название: Rational Lawmaking under Review
ISBN: 3319332155 ISBN-13(EAN): 9783319332154
Издательство: Springer
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Цена: 139750.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court?s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.

Автор: Moulds Sarah
Название: Committees of Influence: Parliamentary Rights Scrutiny and Counter-Terrorism Lawmaking in Australia
ISBN: 9811543496 ISBN-13(EAN): 9789811543494
Издательство: Springer
Рейтинг:
Цена: 121110.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Part 1 Parliamentary committees and their place within the Australian parliamentary landscape
1. Introduction Chapter 1 introduces the key themes of the book and underscores its relevance for public law scholars and students, and those engaged in the parliamentary system, for example as public servants or parliamentary counsel. It introduces themes such as: the role of parliamentary committees in rights protection in Australia and addresses the conventional scepticism of the parliamentary model of rights protection. It also sets out the structure of the book.
2. Methodology Chapter 2 sets out the unique methodology employed in this research, which seeks to measure three 'tiers' of impact: legislative (whether the content of proposed laws changes as a result of parliamentary committee activity);public (whether the public and/or parliamentary debate on proposed laws is influenced by the work of parliamentary committees); and hidden (whether the work of parliamentary committees has an impact on how proposed laws are developed prior to introduction into Parliament). Chapter 2 also includes an overview of past evaluations of parliamentary committees and describes how the assessment framework used this research is designed to overcome weaknesses and challenges previously encountered.
3. Overview of the Australian Parliamentary Committee System Chapter 3 provides an overview of the legal and political context in which parliamentary committees operate and introduces the particular committees studied. This chapter sets the foundations for measuring the type of impact these committees may be having on the development, debate and enactment of Australia's counter-terrorism law.
4. Counter-terrorism law making in Australia Chapter 4 provides an overview of the international and domestic context in which Australia's counter-terrorism laws and policies have been developed since September 2001, and introduces the separate Acts that make up the case study used in this research.
Part 2 Measuring the rights impact of parliamentary committees on Australia's counter-terrorism laws 5. Legitimacy and Participation Chapter 5 identifies the key participants in the four committees studied, and investigates the 'legitimacy' or 'political authority' of each of these committees as seen by its key participants. Understanding the views and perspectives of key participants in the system helps provide a more holistic picture of the nature of the impact each committee has had on the case study Acts. It also helps to set the parameters of realistic options for improving the rights-enhancing impact of each committee, discussed in Part III.
6. Legislative Impact Chapter 6 sets out evidence of the legislative impact of the four parliamentary committees on the case study Acts, providing a powerful indicator of their overall influence.
7. Public Impact Chapter 7 sets out evidence of the public impact of the four parliamentary committees on the case study Acts, including evidence that committees influenced or were considered in public or parliamentary debate or post-enactment review.
8. Hidden Impact Chapter 8 considers evidence of the hidden or 'behind-the-scenes' impact of the four parliamentary committees on the case study Acts, including whether or not the work of these committees influenced or was considered in the pre-introduction phase.
Part 3 The rights enhancing impact of the system of parliamentary committees - implications and options for reform9. Building upon the Complementary Strengths of Individual Committees within the system Part III of this thesis uses the evidence presented in Part II to substantiate th

Автор: MeЯerschmidt Klaus, Oliver-Lalana A. Daniel
Название: Rational Lawmaking Under Review: Legisprudence According to the German Federal Constitutional Court
ISBN: 3319814575 ISBN-13(EAN): 9783319814575
Издательство: Springer
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Цена: 102480.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court`s approach to rational lawmaking.

Автор: Victor Ferreres Comella
Название: The Constitution of Spain: A Contextual Analysis
ISBN: 1849460167 ISBN-13(EAN): 9781849460163
Издательство: Bloomsbury Academic
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Цена: 28500.00 T
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Описание: This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978.

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
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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: Sarah Nason
Название: Reconstructing Judicial Review
ISBN: 150990462X ISBN-13(EAN): 9781509904624
Издательство: Bloomsbury Academic
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Цена: 95040.00 T
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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 orequality duty, and constitutional allocation of powers, constitutional rights, or other complex constitution 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. Subject: Public Law, Legal Philsophy, Socio-Legal Studies]

Автор: Christine Landfried
Название: Judicial Power: How Constitutional Courts Affect Political Transformations
ISBN: 1108443095 ISBN-13(EAN): 9781108443098
Издательство: Cambridge Academ
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Цена: 40130.00 T
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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: Mcgarry
Название: Intention, Supremacy and the Theories of Judicial Review
ISBN: 1138856010 ISBN-13(EAN): 9781138856011
Издательство: Taylor&Francis
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Цена: 153120.00 T
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Описание:

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts' jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent.