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Author : Donald Wilson Jackson
Publisher :
Page : 260 pages
File Size : 25,18 MB
Release : 1990
Category : Law
ISBN :
Author : Guobin Zhu
Publisher : Springer Nature
Page : 445 pages
File Size : 38,57 MB
Release : 2019-11-23
Category : Law
ISBN : 3030315398
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Author : Herbert Jacob
Publisher : Yale University Press
Page : 420 pages
File Size : 23,70 MB
Release : 1996-01-01
Category : Law
ISBN : 9780300063790
This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.
Author : Erin F. Delaney
Publisher : Edward Elgar Publishing
Page : 463 pages
File Size : 23,4 MB
Release : 2018
Category : 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 : Donald W. Jackson
Publisher : Praeger
Page : 0 pages
File Size : 16,25 MB
Release : 1992-09-17
Category : Political Science
ISBN : 0313286159
This is one of the few book-length analyses of judicial review and public policy in very different parts of the world today. Donald W. Jackson and C. Neal Tate have gathered together respected scholars and set forth a framework for comparative analysis into the origins of judicial review, its use as a policy tool, and its exercise and impact in the policy-making process. Political scientists, public policy analysts, and public administrators will find this a thought-provoking study in comparative politics and public administration and a useful classroom text. The text opens with an overview and a delineation of basic concepts and closes with a framework for analyzing the exercise of judicial review in policy making. The major part of the book offers case studies and analyses of the establishment of judicial review as a policy tool, and the impact of judicial review in various types of legal situations. These studies cover twelve countries, including the United States, Great Britain, Japan, India, Israel, and the USSR, among others. Chapter reference lists and a selected bibliography at the end of the book refer readers to current studies of importance.
Author : Kenneth M. Holland
Publisher : Springer
Page : 230 pages
File Size : 27,12 MB
Release : 1991-06-18
Category : Law
ISBN : 1349117749
The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.
Author : Francesca Bignami
Publisher :
Page : 45 pages
File Size : 32,43 MB
Release : 2016
Category :
ISBN :
After a historical survey of the literature, this chapter puts forward a new analytical scheme to capture variation in comparative judicial review. The earliest, and still relevant, classification developed in the scholarly literature turns on the difference between judicial review of administrative action by the ordinary courts in the English common law and by a special body (Conseil d'Etat) connected to the executive branch in the French droit administratif. This is followed chronologically by the contrast that has been drawn by Robert Kagan and public-choice scholars between the litigious and formal American system of law and public policy and the informal and discretionary European model. The chapter then proposes a new classification based on two competing theories that are deployed by courts: in European jurisdictions, judicial review to safeguard fundamental economic and social rights (the fundamental rights model) and, in the United States, judicial review to safeguard procedural democracy (the ballot-box democracy model). In Europe, the courts employ doctrines such as proportionality and equality to protect economic and social rights in government policy-making; in the United States, the courts impose extensive procedural requirements on public administration to promote democracy when the bureaucracy undertakes policy-making. After considering the historical reasons for these two models of judicial review, the chapter argues that it will be important to investigate them empirically in light of their potential for diffusion to domestic and international jurisdictions.
Author : Mauro Cappelletti
Publisher : Oxford University Press, USA
Page : 464 pages
File Size : 43,68 MB
Release : 1989
Category : Business & Economics
ISBN :
This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.
Author : H. P. Lee
Publisher : Cambridge University Press
Page : 625 pages
File Size : 40,74 MB
Release : 2011-08-11
Category : Law
ISBN : 1139499866
An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
Author : Lee Epstein
Publisher : Cambridge University Press
Page : 101 pages
File Size : 13,2 MB
Release : 2021-06-17
Category : Political Science
ISBN : 1009058738
The past decade has witnessed a worldwide explosion of work aimed at illuminating judicial-behavior: the choices judges make and the consequences of their choices. We focus on strategic accounts of judicial-behavior. As in other approaches to judging, preferences and institutions play a central role but strategic accounts are unique in one important respect: They draw attention to the interdependent - i.e., the strategic - nature of judicial decisions. On strategic accounts, judges do not make decisions in a vacuum, but rather attend to the preferences and likely actions of other actors, including their colleagues, superiors, politicians, and the public. We survey the major methodological approaches for conducting strategic analysis and consider how scholars have used them to provide insight into the effect of internal and external actors on the judges' choices. As far as these studies have traveled in illuminating judicial-behavior, many opportunities for forward movement remain. We flag four in the conclusion.