Judicial Review Or Confrontation
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Author | : Hans Raj Khanna |
Publisher | : Delhi : Macmillan Company of India |
Total Pages | : 104 |
Release | : 1977 |
Genre | : Law |
ISBN | : |
On the question whether the 1973 judgement of the Supreme Court of India in the Kesavananda Bharati case and the concept of a basic structure of a constitution necessarily create a confrontation between the courts and the legislature.
Author | : William Edward Nelson |
Publisher | : |
Total Pages | : 168 |
Release | : 2000 |
Genre | : Biography & Autobiography |
ISBN | : |
This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.
Author | : Erin F. Delaney |
Publisher | : Edward Elgar Publishing |
Total Pages | : 463 |
Release | : 2018 |
Genre | : Law |
ISBN | : 1788110609 |
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Author | : Geoffrey Sigalet |
Publisher | : Cambridge University Press |
Total Pages | : 487 |
Release | : 2019-05-02 |
Genre | : Law |
ISBN | : 1108417582 |
Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
Author | : Stefano Maffei |
Publisher | : Apollo Books |
Total Pages | : 298 |
Release | : 2012 |
Genre | : Law |
ISBN | : 9789089520708 |
Investigates the theory and practice of the Right to Confrontation, and the right of an accused person to examine witnesses against him. This book tackles the question of what values and interests should allow incursions into this fundamental right. A conceptual analysis is developed in order to define the concept of testimonial evidence.
Author | : Michael C. Davis |
Publisher | : Springer |
Total Pages | : 226 |
Release | : 2016-01-03 |
Genre | : Political Science |
ISBN | : 1349203955 |
An examination of China's accommodation of Western constitutional values, in the light of the pending return of British Hong Kong to China. The Joint Declaration which governs the return guarantees a continuance of these values, and this study looks at the resulting tensions between East and West.
Author | : Salman Khurshid |
Publisher | : Cambridge University Press |
Total Pages | : 463 |
Release | : 2020-06-11 |
Genre | : Law |
ISBN | : 1108836038 |
Discusses Upendra Baxi's role as an Indian jurist and how his contributions have shaped our understanding of legal jurisprudence.
Author | : Manfred Nowak |
Publisher | : University of Pennsylvania Press |
Total Pages | : 208 |
Release | : 2018-04-20 |
Genre | : History |
ISBN | : 0812249917 |
In Torture, former United Nations Special Rapporteur on Torture Manfred Nowak recounts his experience visiting countries, reviewing documents, collecting evidence, and conducting interviews with perpetrators, witnesses, and victims of torture. His story offers vital insights for human-rights scholars and professionals.
Author | : Tara Smith |
Publisher | : Cambridge University Press |
Total Pages | : 303 |
Release | : 2015-07-30 |
Genre | : Law |
ISBN | : 1107114497 |
This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
Author | : Stephen M. Engel |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2011-06-13 |
Genre | : Political Science |
ISBN | : 1139498061 |
Politicians have long questioned, or even been openly hostile to, the legitimacy of judicial authority, but that authority seems to have become more secure over time. What explains the recurrence of hostilities and yet the security of judicial power? Addressing this question anew, Stephen Engel points to the gradual acceptance of dissenting views of the Constitution, that is, the legitimacy and loyalty of stable opposition. Politicians' changing perception of the threat posed by opposition influenced how manipulations of judicial authority took shape. Engel's book brings our understanding of these manipulations into line with other developments, such as the establishment of political parties, the acceptance of loyal opposition, the development of different modes of constitutional interpretation and the emergence of rights-based pluralism.