The Juridical Review

The Juridical Review
Title The Juridical Review PDF eBook
Author
Publisher
Pages 478
Release 1889
Genre Electronic journals
ISBN

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Covers general areas of Scottish law including criminal, commercial, contract, delict, environmental, family, administrative, and socio-legal issues. Also includes some articles on comparative law, plus book reviews and case notes.

Judicial Review

Judicial Review
Title Judicial Review PDF eBook
Author Graham D. S. Taylor
Publisher
Pages
Release 2018-03
Genre Administrative law
ISBN 9780947514570

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Judicial Review: A New Zealand Perspective was the first book of its kind that gave a detailed commentary on the subject of Judicial review in New Zealand. The book is a treatise on the subject and well regarded in the Practitioner and Academic markets. It consists of four parts: The Basic Structure of Judicial Review, The Process of Judicial Review, Procedure and Evidence, and Ground of Judicial Review.

Judicial Review and the Law of the Constitution

Judicial Review and the Law of the Constitution
Title Judicial Review and the Law of the Constitution PDF eBook
Author Sylvia Snowiss
Publisher Yale University Press
Pages 252
Release 1990-01-01
Genre Law
ISBN 9780300046656

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In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.

Judicial Review and Strategic Behaviour

Judicial Review and Strategic Behaviour
Title Judicial Review and Strategic Behaviour PDF eBook
Author Josephine De Jaegere
Publisher
Pages 0
Release 2019
Genre Courts
ISBN 9781780686943

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Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system.

Law and Leviathan

Law and Leviathan
Title Law and Leviathan PDF eBook
Author Cass R. Sunstein
Publisher Harvard University Press
Pages 209
Release 2020-09-15
Genre Law
ISBN 0674247531

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From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

A Common Law Theory of Judicial Review

A Common Law Theory of Judicial Review
Title A Common Law Theory of Judicial Review PDF eBook
Author W. J. Waluchow
Publisher Cambridge University Press
Pages 7
Release 2006-12-25
Genre Philosophy
ISBN 1139462814

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In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.

Federal Courts Standards of Review

Federal Courts Standards of Review
Title Federal Courts Standards of Review PDF eBook
Author Harry T. Edwards
Publisher West Academic Publishing
Pages 274
Release 2007
Genre Law
ISBN

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This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.