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Judicial Review and Judicial Supremacy
SSRN Electronic Journal, 2014This paper attempts to identify a particular constitutional evil -- namely, judicial supremacy -- and to distinguish the objection to judicial supremacy from the broader case that can be made against judicial review. Even if one supports judicial review, one ought to have misgivings about the prospect of judicial supremacy.
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2014
This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards).
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This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards).
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18. Judicial Review 2: The Grounds of Judicial Review
2023This chapter considers the grounds that have been and are being developed by the courts on which judicial review may be claimed. As well as the three established heads of judicial review presented by Lord Diplock in the GCHQ case—illegality, procedural impropriety (including procedural fairness) and irrationality (or Wednesbury unreasonableness)—the ...
Andrew Le Sueur +2 more
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UN Sanctions and Judicial Review
Nordic Journal of International Law, 2007AbstractThis article analyses the way UN sanctions are implemented in the European legal order. As a basis for the analysis, the European Court of First Instance's (CFI) rulings in the Yusuf/Kadi/Ayadi 1 cases and the European Court of Human Rights's (ECrtHR) judgment in the Bosphorus 2 case are applied.
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2016
This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards).
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This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards).
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Judicial Review of Legislation
2005This article discusses the judicial review of legislation. Judicial review of legislation is now a well-established practice in most constitutional democracies. Many of the theoretical issues have been fully explored, primarily in the literature emerging from the United States, where the practice has been in place the longest.
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2020
The legal culture, political context, and organization of any one national state is key to apprehending the role of courts and judicial review in upholding the rule of law and the administrative state. Constitutional principles like the separation of powers, basic rights, and governance priorities like efficiency will shape the scope, intensity, and ...
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The legal culture, political context, and organization of any one national state is key to apprehending the role of courts and judicial review in upholding the rule of law and the administrative state. Constitutional principles like the separation of powers, basic rights, and governance priorities like efficiency will shape the scope, intensity, and ...
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The Western Political Quarterly, 1950
IN A JURISPRUDENCE which recognizes different levels of law-as "constitution" and "statute" -there is need for some governmental device to protect the higher from the lower. With us, the judiciary undertakes to maintain the legal superiority of the Constitution by censuring the actions of other governmental organs.
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IN A JURISPRUDENCE which recognizes different levels of law-as "constitution" and "statute" -there is need for some governmental device to protect the higher from the lower. With us, the judiciary undertakes to maintain the legal superiority of the Constitution by censuring the actions of other governmental organs.
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Judicial Review in France [PDF]
The Tocqueville Review, 1991 Although the matter I am about to take up might normally be relegated to a footnote, it is so important that I prefer to present it in the text as an introduction. Alec Stone is a Ph.D. candidate at the University of Washington completing a dissertation on the Conseil Constitutionnel.
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Judicial Review, But Not As We Know It: Judicial Review in the Upper Tribunal
Judicial Review, 2010(2010). Judicial Review, But Not As We Know It: Judicial Review in the Upper Tribunal. Judicial Review: Vol. 15, No. 2, pp. 112-117.
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