Автор: Brice Dickson, Conor McCormick Название: The Judicial Mind: A Festschrift for Lord Kerr of Tonaghmore ISBN: 1509944826 ISBN-13(EAN): 9781509944828 Издательство: Bloomsbury Academic Рейтинг: Цена: 6810.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism. Lord Kerr’s judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr’s particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.
Автор: Sarah Nason Название: Reconstructing Judicial Review ISBN: 1509928820 ISBN-13(EAN): 9781509928828 Издательство: Bloomsbury Academic Рейтинг: Цена: 5542.00 р. 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: Lemieux, Scott Watkins, David Название: Judicial review and contemporary democratic theory ISBN: 1138095214 ISBN-13(EAN): 9781138095212 Издательство: Taylor&Francis Рейтинг: Цена: 6583.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Developing democratic criteria for veto points in a democratic system, and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review`s democratic value.
Описание: Based on over 150 interviews with UK judges, politicians and officials, this is the first authoritative account of relations between the judiciary and government since the Constitutional Reform Act 2005. The authors argue that judicial independence is in fact a product of politics rather than insulated from it.
Автор: Alviar Garcia Helena, Klare Karl, Williams Lucy A. Название: Social and Economic Rights in Theory and Practice: A Critical Assessment ISBN: 0415705649 ISBN-13(EAN): 9780415705646 Издательство: Taylor&Francis Рейтинг: Цена: 23734.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples.
This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people's lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South".
The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community.
This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.
Описание: Who has the final say on the meaning of the Constitution? Most agree that this power lies with the Supreme Court. From high school to law school, students learn that the framers of the Constitution designed the court to be the ultimate arbiter of constitutional issues, a function Chief Justice John Marshall recognized in deciding Marbury v. Madison in 1803. This provocative work challenges American dogma about the Supreme Court's role, showing instead that the founding generation understood judicial power not as a counterweight against popular government, but as a consequence, and indeed a support, of popular sovereignty. Contending that court power must be restrained so that policy decisions are left to the people's elected representatives, this study offers a combination of remedies--including term limits and popular selection of the Supreme Court--to return the people to their proper place in the constitutional order.
Автор: Collins Jr Paul M Название: President and the Supreme Court ISBN: 1108723896 ISBN-13(EAN): 9781108723893 Издательство: Cambridge Academ Рейтинг: Цена: 4275.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This first-of-its-kind book speaks to key normative and empirical issues in American government. It will appeal to those interested in the president, the Supreme Court, and judicial independence, including scholars; undergraduate, graduate, and law students; members of the media; and the well-educated general public.
Автор: Roux, Theunis (university Of New South Wales, Sydney) Название: Politico-legal dynamics of judicial review ISBN: 1108442323 ISBN-13(EAN): 9781108442329 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is for scholars interested in the comparative study of judicial review. It develops a theoretical framework for understanding how this institution shapes societal understandings of the law/politics relation. Its findings cast light on the conditions under which judicial review drives a sustainable commitment to constitutionally limited government.
Автор: Collins, Jr., Paul M. (university Of Massachusetts, Amherst) Eshbaugh-soha, Matthew (university Of North Texas) Название: President and the supreme court ISBN: 1108498485 ISBN-13(EAN): 9781108498487 Издательство: Cambridge Academ Рейтинг: Цена: 15523.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This first-of-its-kind book speaks to key normative and empirical issues in American government. It will appeal to those interested in the president, the Supreme Court, and judicial independence, including scholars; undergraduate, graduate, and law students; members of the media; and the well-educated general public.
Описание: In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture,Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The ‘Quartet’ is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review.
These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.
Описание: This innovative study demonstrates how mixed judicial selection operates to influence judges` and courts` decisions. Written in non-technical language, it will be useful to scholars, students, and those interested in judicial behavior and politics.
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