Results 301 to 310 of about 835,716 (334)
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Journal of Law and Courts, 2021
AbstractGovernments reform the process of nominating judges to constitutional courts, seeking to reduce the courts’ involvement in state affairs. Since 2008, reformers have tried to appoint judges who would be more judicially restrained. We examine the rulings of judges on Israel’s Supreme Court in its capacity as Israel’s High Court of Justice on the ...
Maoz Rosenthal +5 more
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AbstractGovernments reform the process of nominating judges to constitutional courts, seeking to reduce the courts’ involvement in state affairs. Since 2008, reformers have tried to appoint judges who would be more judicially restrained. We examine the rulings of judges on Israel’s Supreme Court in its capacity as Israel’s High Court of Justice on the ...
Maoz Rosenthal +5 more
openaire +2 more sources
Judicial review and codification [PDF]
Legal Studies, 2000 This article addresses the potential advantages and disadvantages of codifying the grounds of judicial review of administrative action. The four principal legal values associated with codification are described: certainty; clarity; democratic legitimacy; and rationality.
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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).
openaire +2 more sources
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).
openaire +2 more sources
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 ...
openaire +2 more sources
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 ...
openaire +2 more sources