The High Court Of Parliament And Its Supremacy
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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 |
: Charles Howard McIlwain |
Publisher |
: |
Total Pages |
: 486 |
Release |
: 1910 |
ISBN-10 |
: UOM:39015060422600 |
ISBN-13 |
: |
Rating |
: 4/5 (00 Downloads) |
Synopsis The High Court of Parliament and Its Supremacy by : Charles Howard McIlwain
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 |
: Mark D. Walters |
Publisher |
: Cambridge University Press |
Total Pages |
: 479 |
Release |
: 2020-11-12 |
ISBN-10 |
: 9781107028470 |
ISBN-13 |
: 1107028477 |
Rating |
: 4/5 (70 Downloads) |
Synopsis A.V. Dicey and the Common Law Constitutional Tradition by : Mark D. Walters
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
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 |
: Jeffrey Denys Goldsworthy |
Publisher |
: |
Total Pages |
: 336 |
Release |
: 2001 |
ISBN-10 |
: OCLC:804695039 |
ISBN-13 |
: |
Rating |
: 4/5 (39 Downloads) |
Synopsis The Sovereignty of Parliament by : Jeffrey Denys Goldsworthy
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 |
: Nicholas Theodore Aroney |
Publisher |
: University of Toronto Press |
Total Pages |
: 598 |
Release |
: 2017-04-24 |
ISBN-10 |
: 9781487511487 |
ISBN-13 |
: 1487511485 |
Rating |
: 4/5 (87 Downloads) |
Synopsis Courts in Federal Countries by : Nicholas Theodore Aroney
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Author |
: John Hatchard |
Publisher |
: Routledge |
Total Pages |
: 183 |
Release |
: 1999-06-10 |
ISBN-10 |
: 9781135343866 |
ISBN-13 |
: 1135343861 |
Rating |
: 4/5 (66 Downloads) |
Synopsis Parliamentary Supremacy & Judicial Supremacy by : John Hatchard
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.
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'.