Download or read book Judicial Approach to Interpretation of Constitution written by Ijaiya, Hakeem Olasunkanmi and published by Malthouse Press. This book was released on 2017-05-05 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, Judicial Approach to Interpretation of Constitution: A Study of Nigeria, Australia, Canada and India, is the outcome of a doctoral study of the judicial interpretation of the constitutions in selected Commonwealth jurisdictions, and a survey of the theories of constitutional interpretation and adjudication, the rules applied by the courts in the interpretation of the provisions of the constitutions, and determined the extent to which the existing approaches to the interpretation of the constitution have hindered the development of constitutional jurisprudence in those countries. In all, the statutes and constitutions are expressed in English language and some words are prone to distortions, thereby requiring the need for the courts to discover the intention of the legislators when interpreting such statutes and constitutions. It is further observed that the theories and rules of interpretation currently adopted by the courts are conflicting, and this is partly due to vagueness and also that in many cases, where a rule appears to support a particular interpretation, there is another rule, often of equal status, which can be invoked in favour of an interpretation which could lead to different result. The general conclusion is that the existing approaches to constitutional interpretation are somewhat inefficient and inadequate to enable the courts to effectively discover the intention of the legislators, and therefore the courts should be allowed to examine all relevant parliamentary documents and debates.
Download or read book Judicial Approach to the Interpretation of the Constitutions in Nigeria Australia Canada and India written by Hakeem Olasunkanmi Ijaiya and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is the outcome of a doctoral study of the judicial interpretation of the constitutions in selected Commonwealth jurisdictions, and a survey of the theories of constitutional interpretation and adjudication, the rules applied by the courts in the interpretation of the provisions of the constitutions, and determined the extent to which the existing approaches to the interpretation of the constitution have hindered the development of constitutional jurisprudence in those countries. In all, the statutes and constitutions are expressed in English language and some words are prone to distortions, thereby requiring the need for the courts to discover the intention of the legislators when interpreting such statutes and constitutions. It is further observed that the theories and rules of interpretation currently adopted by the courts are conflicting, and this is partly due to vagueness and also that in many cases, where a rule appears to support a particular interpretation, there is another rule, often of equal status, which can be invoked in favour of an interpretation which could lead to different result. The general conclusion is that the existing approaches to constitutional interpretation are somewhat inefficient and inadequate to enable the courts to effectively discover the intention of the legislators, and therefore the courts should be allowed to examine all relevant parliamentary documents and debates."--
Download or read book Modern Nigerian Constitutional Law written by Efemini, Ovo M. and published by Malthouse Press. This book was released on 2017-08-09 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Nigerian Constitutional Law: Practices, Principles and Precedents has fifteen chapters covers not only the traditional core topics in constitutional law, but also the generally neglected ones. In chapter one, the author examines some basic issues in Nigerian constitutional law, and in chapter two the supremacy of the Constitution is examined. Also examined in this book are federalism, local government, fundamental rights, the fundamental rights enforcement procedure, the legislature, the executive, the judiciary, elections, INEC, and political parties. Although primarily intended as a textbook for students, the practitioner and the judge will find it refreshingly rewarding.
Download or read book Law and Creditor Protection in Nigeria written by Onamson, Friday Okafor and published by Malthouse Press. This book was released on 2017-08-08 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examined here are the legal and practical reasons for the inefficiency of the legal framework of creditor protection in Nigeria. This is amply justified considering the critical role of credit in the promotion of economic growth and development and also bearing in mind the near calamitous consequences the 2009 financial crisis unleashed not only among Nigerian banks and financial institutions, and in the international financial system. The latter nearly led to socioeconomic catastrophe in Nigeria, as well as globally. It is hoped that book is found useful by government, policy makers, academics, corporate financial experts, investment bankers and other stakeholders to initiate and implement efficient policy actions to protect creditors in order to sustain the flow of credit, the engine of any economy.
Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Download or read book Canada in the World written by Richard Albert and published by Cambridge University Press. This book was released on 2018 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
Download or read book Understanding Federalism and Federation written by Alain-G. Gagnon and published by Routledge. This book was released on 2016-03-09 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a variety of contemporary debates on federal theory Understanding Federalism and Federation honours Michael Burgess’ contribution to the study of these topics through a selection of approaches, theories, debates and interpretations. Gathering contributors from diverse subfields to synthesize current debates it offers a snapshot of the immense range of current research on federalism and federation. Leading authors debate key issues such as American federalism, Canada and the role of Quebec, the latest insights into comparative federalism and federation, the European Union as a federal project and the analysis of constitutional courts in federal systems. Different theoretical and empirical fields and perspectives are brought together, synthesizing major findings and addressing emerging issues and these topics are analysed through multiple lenses to provide new insights, original approaches and much-needed theoretical and empirical data on federalism and federation.
Download or read book Indian Government and Politics written by Abbas Hoveyda and published by Pearson Education India. This book was released on 2010-09 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Framed within a perspective of the entire political process, this book closely examines the legal provisions of the Constitution of India, as well as the role and functions of other agencies and groups that influence policies and laws. It also looks at historical and contemporary cases to illuminate the philosophy behind the Constitution, the role of various social groups, the functioning of the government and the evolution of our politics. Written in a lucid and familiar style, this book assumes no background in the subject, and an extensive glossary explains unfamiliar terms and complex concepts.
Download or read book Rationing the Constitution written by Andrew Coan and published by . This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--
Download or read book Judicial Review Systems in West Africa a Comparative Analysis written by and published by . This book was released on 2016 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.
Download or read book Expounding the Constitution written by Grant Huscroft and published by Cambridge University Press. This book was released on 2008-04-21 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Download or read book The Judicial Role in a Diverse Federation written by Robert Schertzer and published by University of Toronto Press. This book was released on 2016-01-01 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada's Supreme Court and for those engaged in broader debates about the use of federalism in multinational states.
Download or read book Routledge Handbook of Regionalism Federalism written by John Loughlin and published by Routledge. This book was released on 2013-07-18 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost all states are either federal or regionalized in some sense. It is difficult to find a state that is entirely unitary and the Routledge Handbook of Regionalism and Federalism necessarily takes in almost the entire world. Both federalism and regionalism have been subjects of a vast academic literature mainly from political science but sometimes also from history, economics, and geography. This cutting edge examination seeks to evaluate the two types of state organization from the perspective of political science producing a work that is analytical rather than simply descriptive. The Handbook presents some of the latest theoretical reflections on regionalism and federalism and then moves on to discuss cases of both regionalism and federalism in key countries chosen from the world’s macro-regions. Assembling this wide range of case studies allows the book to present a general picture of current trends in territorial governance. The final chapters then examine failed federations such as Czechoslovakia and examples of transnational regionalism - the EU, NAFTA and the African Union. Covering evolving forms of federalism and regionalism in all parts of the world and featuring a comprehensive range of case studies by leading international scholars this work will be an essential reference source for all students and scholars of international politics, comparative politics and international relations.
Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2021-07-22 with total page 1311 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated to reflect recent developments. In particular, it has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.
Download or read book The Judicial Application of Human Rights Law written by Nihal Jayawickrama and published by Cambridge University Press. This book was released on 2002-12-12 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: 10 The right to life
Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.
