Vigilance And Restraint In The Common Law Of Judicial Review
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Author | : Dean R. Knight |
Publisher | : Cambridge University Press |
Total Pages | : 309 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 110719024X |
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Author | : Dean Knight |
Publisher | : |
Total Pages | : |
Release | : 2014 |
Genre | : |
ISBN | : |
Author | : Dean R. Knight |
Publisher | : Cambridge University Press |
Total Pages | : 309 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 1108119107 |
The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.
Author | : Sylvia Snowiss |
Publisher | : Yale University Press |
Total Pages | : 252 |
Release | : 1990-01-01 |
Genre | : Law |
ISBN | : 9780300046656 |
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.
Author | : Edward Samuel Corwin |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 190 |
Release | : 2010-11 |
Genre | : Constitutional history |
ISBN | : 1584770112 |
Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts.
Author | : Christopher Forsyth |
Publisher | : Hart Publishing |
Total Pages | : 480 |
Release | : 2000-08-04 |
Genre | : Law |
ISBN | : 1841131059 |
Contains papers and comments from the conference on the Foundations of Judicial Review, held in Cambridge, England, May 22, 1999, and some previously published papers.
Author | : Swati Jhaveri |
Publisher | : Cambridge University Press |
Total Pages | : 447 |
Release | : 2021-03-18 |
Genre | : Law |
ISBN | : 1108481574 |
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author | : Paul P. Craig |
Publisher | : |
Total Pages | : |
Release | : 2010 |
Genre | : |
ISBN | : |
There has been much debate about whether judicial review is premised on legislative intent, specific or general, or whether it is grounded in the common law. It has now been suggested in an article in this journal that legislative intent should be conceived in constructive terms, that the common law model is defective in not recognizing this and that it adopts an inadequate account of the relationship between judicial review and sovereignty. The present article answers this critique. It will be seen that there are major problems with the very idea of constructive legislative intent, and with the relationship posited between judicial review and sovereignty.
Author | : Brandel Kim Rennard Tulsky |
Publisher | : |
Total Pages | : 106 |
Release | : 1989 |
Genre | : Common law |
ISBN | : |
Author | : Michael Fordham |
Publisher | : John Wiley & Sons |
Total Pages | : 988 |
Release | : 1997 |
Genre | : Judicial review of administrative acts |
ISBN | : |
This fully revised edition of a bestseller presents the law and practice of judicial reviewdeconstructed and represented in a unique format. It provides rapid access to vital sources of authority and case synopses, providing an essential guide to the huge volume of case law in this area.