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Book Parliamentary Supremacy and Judicial Independence

Download or read book Parliamentary Supremacy and Judicial Independence written by John Hatchard and published by Psychology Press. This book was released on 1999 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This report sets out the process followed at the Colloquim and contains a copy of what have become known as the Latimer House Guidelines. These guidelines were considered by the Commonwealth Law Ministers at their meeting in Trinidad and Tobabo in May 1999. They hvve been referred to a committee of senior officials for further study and could become a part of Commonwealth processes for monitoring compliance with principles of the Harare Declaration"--Arthur R. Donahoe, Secretary-General.

Book Parliamentary Supremacy   Judicial Supremacy

Download or read book Parliamentary Supremacy Judicial Supremacy written by John Hatchard and published by Routledge. This book was released on 1999-06-10 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: The result of The Joint Colloquium on "Parliamentary Supremacy and Judicial Independence ... towards a Commonwealth Model". It brought together parliamentarians, judges, practitioners and academics in order to draft guidelines for best practice relations between Executive, Parliament and Judiciary.

Book Parliamentary Supremacy  Judicial Independence

Download or read book Parliamentary Supremacy Judicial Independence written by and published by . This book was released on 1998 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Parliamentary Supremacy Judicial Independence

Download or read book Parliamentary Supremacy Judicial Independence written by Commonwealth Lawyers' Association and published by . This book was released on 1998* with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Parliamentary Supremacy and Judicial Independence

Download or read book Parliamentary Supremacy and Judicial Independence written by and published by . This book was released on 1998 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book An Introduction to the Study of the Law of the Constitution

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Book The New Commonwealth Model of Constitutionalism

Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

Book Weak Courts  Strong Rights

Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Book Bills of Rights and Decolonization

Download or read book Bills of Rights and Decolonization written by Charles Parkinson and published by Oxford University Press. This book was released on 2007-11-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: "It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.

Book The People Themselves

    Book Details:
  • Author : Larry Kramer
  • Publisher : Oxford University Press, USA
  • Release : 2004
  • ISBN : 9780195306453
  • Pages : 380 pages

Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.

Book Parliamentary Sovereignty

    Book Details:
  • Author : Jeffrey Goldsworthy
  • Publisher : Cambridge University Press
  • Release : 2010-07-22
  • ISBN : 1139491512
  • Pages : pages

Download or read book Parliamentary Sovereignty written by Jeffrey Goldsworthy and published by Cambridge University Press. This book was released on 2010-07-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.

Book The Supreme Court and Constitutional Democracy

Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 1984 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.

Book Judges on Trial

    Book Details:
  • Author : Shimon Shetreet
  • Publisher : Cambridge University Press
  • Release : 2013-10-24
  • ISBN : 1107013674
  • Pages : 495 pages

Download or read book Judges on Trial written by Shimon Shetreet and published by Cambridge University Press. This book was released on 2013-10-24 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of the English judiciary stimulates a discussion of the factors shaping judicial independence, including accountability and constitutional adjudication.

Book Judges and Judicial Accountability

Download or read book Judges and Judicial Accountability written by and published by . This book was released on 2003 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an eclectic compilation of views from across the common law world. The issues are discussed from the perspective of the challenges encountered by the justice system in developed societies and devloping countries. Among the issues considered are matters relating to judicial decision-making in plural societies, conflicts of interest among judges, questions of judicial corruption, and types of accountability mechanisms for judges. An important contribution is the discussion on the Latimer House Guidelines on Parliamentary Supremacy and Judicial Independence which is today gaining wider recognition from the Commonwealth judiciaries.

Book Towards Juristocracy

    Book Details:
  • Author : Ran Hirschl
  • Publisher : Harvard University Press
  • Release : 2009-06-30
  • ISBN : 9780674038677
  • Pages : 306 pages

Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

Book The Cambridge Companion to the Federalist Papers

Download or read book The Cambridge Companion to the Federalist Papers written by Jack N. Rakove and published by Cambridge University Press. This book was released on 2020-03-12 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: A multifaceted approach to The Federalist that covers both its historical value and its continuing political relevance.