Aspects Of Judicial Review Of Criminal Proceedings
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Judicial Review of Criminal Proceedings
| Author | : Derek Dunne (Lawyer) |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2021 |
| Genre | : Appellate procedure |
| ISBN | : 9780414078239 |
The Doctrine of Judicial Review
| 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.
Judicial Review of Criminal Proceedings
| Author | : Derek Dunne (Lawyer) |
| Publisher | : |
| Total Pages | : 790 |
| Release | : 2011 |
| Genre | : Appellate procedure |
| ISBN | : 9781858006246 |
Judicial Review of Criminal Proceedings provides the first dedicated and up-to-date treatment of judicial review as it applies at all stages of the criminal process. It considers the remedies and procedure of judicial review and focuses upon the areas that have occupied the courts in recent years, such as: delay and the right to a fair trial; blameworthy prosecutorial delay; the scope of the duty to seek out and preserve evidence; the circumstances in which judicial review will lie in respect of convictions and sentences recorded in the District Court and Circuit Court; pre-trial disclosure; review of prosecutorial discretion; adverse pre-trial publicity etc. The text also considers the impact of all important recent decisions of the Superior Courts such as PH v DPP; PM v DPP; McFarlane v DPP; Cormack & Farrell v DPP; O'Keeffe v Connellan; McNulty v DPP; DS v Judge of the Southern Circuit; and Meadows v Minister for Justice, Equality and Law Reform. Contents: Judicial Review and the Criminal Law In Context; Remedies, Practice and Procedure; Judicial Review, the District Court and the Circuit Court; Judicial Review and the Special Criminal Court; The Right to a Fair Trial and Delay; The Right to an Expeditious Trial and Blameworthy Prosecutorial Delay; The Duty to Seek Out and Preserve Evidence; Review of the Decisions and Conduct of the Prosecuting Authorities; Precedents of Pleadings. Derek Dunne is a practising barrister.
Judicial Review
| Author | : Hugh Southey |
| Publisher | : Jordan Publishing (GB) |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Administrative remedies |
| ISBN | : 9781784730963 |
Judicial Review: A Practical Guide is a handbook which aims to be a first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings. This new edition has been significantly amended to take account of the following developments in law and practice, including: * Development of the Unified Tribunal system with transfers of judicial reviews * Regionalisation of Administrative Court * Clear development of mistake of fact as a mistake of law * Increasing understanding of the impact of the Human Rights Act * Limitations upon judicial review in the context of immigration * Ongoing case-law developments * Changes to Appeals (CPR Pt 52) * Developments in costs and funding In addition to the authors' commentary, Judicial Review: A Practical Guide contains over 20 precedents covering all aspects of the litigation process, together with all the main legislative and judicial materials.
Human Rights and Judicial Review: A Comparative Perspective
| Author | : David M. Beatty |
| Publisher | : BRILL |
| Total Pages | : 374 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004479406 |
Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.
Judicial Politics in Mexico
| Author | : Andrea Castagnola |
| Publisher | : Routledge |
| Total Pages | : 191 |
| Release | : 2016-11-03 |
| Genre | : Political Science |
| ISBN | : 1315520605 |
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Aspects of Judicial Review
| Author | : John Robert Felix Lehane |
| Publisher | : |
| Total Pages | : 20 |
| Release | : 1999 |
| Genre | : Administrative law |
| ISBN | : 9781862873513 |
The Federal Court Judge surveys the operations of the federal system of administrative law with special emphasis on issues relating to standing, judicial review and grounds of review under the Migration Act 1958 (Cth)
Code of Judicial Conduct for United States Judges
| Author | : American Bar Association |
| Publisher | : |
| Total Pages | : 424 |
| Release | : 1974 |
| Genre | : Judges |
| ISBN | : |
Criminal Judicial Review
| Author | : Piers von Berg |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 798 |
| Release | : 2014-09-25 |
| Genre | : Law |
| ISBN | : 1782254218 |
This is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written by a team of criminal and public law practitioners, it considers claims for judicial review arising in the criminal justice system, which now represent a distinct area of public law. These claims are set apart by special considerations and rules; for example, on the limits of the High Court's jurisdiction or the availability of relief during ongoing proceedings. Criminal practitioners may lack the background to spot public law points. Equally, public law specialists may be unfamiliar with criminal law and types of issues that arise. Criminal Judicial Review is intended as a resource for both. The book deals with the principles, case law, remedies and, the practice and procedure for obtaining legal aid and costs. It will be of assistance to any practitioner preparing or responding to judicial review claims involving the following: - The Police and the Crown Prosecution Service. - Magistrates' courts, the Crown Court and Coroners. - Prisons and the Parole Board. - Statutory bodies such as the Independent Police Complaints Commission and the Legal Aid Agency. - Claimants who are children, young persons or have mental disorders. - The international dimension including extradition proceedings and European Union law. - Practical considerations such as CPR Part 54, remedies, legal aid and costs. From the Foreword by The Rt Hon Lord Judge “The book is offered in clear and simple style, focussing less on esoteric theoretical considerations and more on the practical needs of the practitioner. It brings together materials relating to public law with which a criminal specialist may be less well informed, and material relevant to the criminal justice processes which may not be immediately apparent to the public law specialist. It will assist with the preparation of arguments, and also enable submissions which are unarguable to be discarded. It will therefore provide valuable guidance in this broad and developing area of practice.”
