Parliamentary Supremacy Judicial Supremacy
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Author |
: Larry Kramer |
Publisher |
: Oxford University Press, USA |
Total Pages |
: 380 |
Release |
: 2004 |
ISBN-10 |
: 0195306457 |
ISBN-13 |
: 9780195306453 |
Rating |
: 4/5 (57 Downloads) |
Synopsis The People Themselves by : Larry Kramer
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.
Author |
: Stephen Gardbaum |
Publisher |
: Cambridge University Press |
Total Pages |
: 275 |
Release |
: 2013-01-03 |
ISBN-10 |
: 9781107009288 |
ISBN-13 |
: 1107009286 |
Rating |
: 4/5 (88 Downloads) |
Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Author |
: Charles Howard McIlwain |
Publisher |
: |
Total Pages |
: 470 |
Release |
: 1910 |
ISBN-10 |
: HARVARD:HNZQVW |
ISBN-13 |
: |
Rating |
: 4/5 (VW Downloads) |
Synopsis The High Court of Parliament and Its Supremacy by : Charles Howard McIlwain
Author |
: Mark Tushnet |
Publisher |
: Princeton University Press |
Total Pages |
: 288 |
Release |
: 2009-07-20 |
ISBN-10 |
: 9781400828159 |
ISBN-13 |
: 1400828155 |
Rating |
: 4/5 (59 Downloads) |
Synopsis Weak Courts, Strong Rights by : Mark Tushnet
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.
Author |
: Danwood Mzikenge Chirwa |
Publisher |
: United Nations Univ |
Total Pages |
: 302 |
Release |
: 2012 |
ISBN-10 |
: 928081205X |
ISBN-13 |
: 9789280812053 |
Rating |
: 4/5 (5X Downloads) |
Synopsis Accountable Government in Africa by : Danwood Mzikenge Chirwa
This book brings together a number of leading experts in the fields of public law, political science and democratization studies to identify ways of making African governments accountable and describe the extent to which these mechanisms work in practice. It presents new knowledge about legal and political developments in a number of African countries, relevant to the policy goal of developing and deepening democratic governance and accountable government on the continent. This book will be of interest to academics, students and practitioners in the fields of public law, public administration, political studies and African studies.
Author |
: Jeffrey Goldsworthy |
Publisher |
: Cambridge University Press |
Total Pages |
: |
Release |
: 2010-07-22 |
ISBN-10 |
: 9781139491518 |
ISBN-13 |
: 1139491512 |
Rating |
: 4/5 (18 Downloads) |
Synopsis Parliamentary Sovereignty by : Jeffrey Goldsworthy
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'.
Author |
: Neil Duxbury |
Publisher |
: Cambridge University Press |
Total Pages |
: 267 |
Release |
: 2013 |
ISBN-10 |
: 9781107021877 |
ISBN-13 |
: 1107021871 |
Rating |
: 4/5 (77 Downloads) |
Synopsis Elements of Legislation by : Neil Duxbury
Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
Author |
: A.V. Dicey |
Publisher |
: Springer |
Total Pages |
: 729 |
Release |
: 1985-09-30 |
ISBN-10 |
: 9781349179688 |
ISBN-13 |
: 134917968X |
Rating |
: 4/5 (88 Downloads) |
Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey
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.
Author |
: John Hatchard |
Publisher |
: Routledge |
Total Pages |
: 183 |
Release |
: 1999-06-10 |
ISBN-10 |
: 9781135343859 |
ISBN-13 |
: 1135343853 |
Rating |
: 4/5 (59 Downloads) |
Synopsis Parliamentary Supremacy & Judicial Supremacy by : John Hatchard
First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
Author |
: Robert A. Burt |
Publisher |
: Harvard University Press |
Total Pages |
: 492 |
Release |
: 1992 |
ISBN-10 |
: 0674165365 |
ISBN-13 |
: 9780674165366 |
Rating |
: 4/5 (65 Downloads) |
Synopsis The Constitution in Conflict by : Robert A. Burt
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.