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The Success 1 of Judicial Review and Democracy

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0005
Subject:
Political Science, Comparative Politics

This is the first of two papers that explore the politics of constitutional review – the power of a court or other organ of government to review the constitutionality of public acts, including ... More


Challenging Acts of International Organizations Before National Courts

August Reinisch (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595297
eISBN:
9780191595752
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595297.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book ... More


Rights in the European Union: Convergent with the USA?

Martin Shapiro

in The State of the European Union Vol. 7: With US or Against US? European Trends in American Perspective

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199283958
eISBN:
9780191603297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199283958.003.0016
Subject:
Political Science, European Union

The European Union structure of rights is now being built upon the preexisting rights practices of the member states, which in turn developed in part in the light of US experience. In Europe, like in ... More


Abstract and Concrete Review in the United States

Alec Stone Sweet and Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0011
Subject:
Political Science, Comparative Politics

The diffusion of constitutional judicial review over the past half-century has resulted in the emergence of two dominant ‘models’ of review, the American and the European. The European model, called ... More


Democratic Consolidation, Judicial Reform, and the Judicialization of Politics in Southern Europe

Pedro C. Magalhães, Carlo Guarnieri, and Yorgos Kaminis

in Democracy and the State in the New Southern Europe

Published in print:
2006
Published Online:
May 2009
ISBN:
9780199202812
eISBN:
9780191708008
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199202812.003.0004
Subject:
Political Science, European Union, Democratization

This chapter presents the results of judicial reform in the new Southern Europe in the context of the legacies of the nondemocratic past and the strategies of political actors. The democratic ... More


The Giving Reasons Requirement

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0007
Subject:
Political Science, Comparative Politics

To sustain a viable social science of law and courts, testable propositions, appropriate research designs for testing those hypotheses, and comparative materials are needed; Ch. 4, and the two papers ... More


Judicial Review: The Meaning of the Judicial Power

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter applies the concepts of interpretation and construction to the contentious issue of judicial review and examines the originalist evidence that overwhelmingly supports the judicial power ... More


Governing with Judges: Constitutional Politics in Europe

Alec Stone Sweet

Published in print:
2000
Published Online:
April 2004
ISBN:
9780198297710
eISBN:
9780191601095
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198297718.001.0001
Subject:
Political Science, Comparative Politics

Advances the thesis that legislative processes are increasingly influenced by constitutional judges and the discursive practices of constitutional adjudication. Parallel to this process, the ordinary ... More


The Commission as an Agent: Delegation of Executive Power in the European Union

Mark A. Pollack

in The Engines of European Integration: Delegation, Agency, and Agenda Setting in the EU

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199251179
eISBN:
9780191600111
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199251177.003.0003
Subject:
Political Science, European Union

European Union governments have delegated executive and agenda‐setting powers to the Commission primarily to reduce the transaction costs of policy‐making, and they have designed complex control ... More


V9. Judicial Review

Matthew Flinders

in Democratic Drift: Majoritarian Modification and Democratic Anomie in the United Kingdom

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199271597
eISBN:
9780191709234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271597.003.0013
Subject:
Political Science, Comparative Politics, UK Politics

The logic of legal constitutionalism promotes the role of judges as external regulators of political behaviour. It therefore seeks to increase the degree of constitutional rigidity by seeking to ... More


Going to Court: The Role of the Judiciary in Prosecutorial Discretion Decisions

Shoba Sivaprasad Wadhia and Leon Wildes

in Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases

Published in print:
2015
Published Online:
May 2016
ISBN:
9781479829224
eISBN:
9781479807543
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479829224.003.0007
Subject:
Law, Human Rights and Immigration

This chapter examines the immigration agency’s historical position against judicial review over immigration prosecutorial discretion decisions and the philosophy behind judicial review. For more than ... More


Constitutional Politics in France and Germany

Alec Stone Sweet

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0006
Subject:
Political Science, Comparative Politics

This is the second of two papers that explore the politics of constitutional review – the power of a court or other organ of government to review the constitutionality of public acts, including ... More


From Exception to Orthodoxy? The Theory in Action

Eoin Carolan

in The New Separation of Powers: A Theory for the Modern State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199568673
eISBN:
9780191721588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568673.003.0008
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter examines a number of areas where courts have made decisions which touch upon the key issues examined in this book. This chapter considers whether these decisions provide support for the ... More


A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Mel A. Topf

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is the only comprehensive treatment of the history and controversies, the law and theories, about U.S. state supreme court advisory opinions. This significant but little studied area of ... More


State Constitutionalism and the Scope of Judicial Review

Daniel B. Rodriguez

in New Frontiers of State Constitutional Law: Dual Enforcement of Norms

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195368321
eISBN:
9780199867509
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368321.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter attacks conventional accounts of subnational constitutional interpretation by examining judicial review at the state level in its actual institutional setting. American state ... More


Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law

Chester Brown

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0021
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter deals with the applicable procedure in investment treaty arbitration. It notes that although investment treaty arbitration has a public law character, the applicable procedure typically ... More


The Limits to Democratic Authority

Thomas Christiano

in The Constitution of Equality: Democratic Authority and Its Limits

Published in print:
2008
Published Online:
September 2008
ISBN:
9780198297475
eISBN:
9780191716867
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198297475.003.0008
Subject:
Political Science, Comparative Politics, Political Theory

This chapter gives an account of the limits to democratic authority that is grounded in the same principle of public equality that grounds the authority of democracy. It explains what is meant by a ... More


Defining the Intervening and Explanatory Variables

Andrew Reynolds

in Electoral Systems and Democratization in Southern Africa

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198295105
eISBN:
9780191600128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295103.003.0003
Subject:
Political Science, Democratization

This is the second of four chapters that discusses the theoretical underpinnings of the research on democratization in southern Africa that is described in the book, as well as providing qualitative ... More


The Political and Academic Debate Over Judicial Activism

Stefanie A. Lindquist and Frank B. Cross

in Measuring Judicial Activism

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195370850
eISBN:
9780199870790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370850.003.0001
Subject:
Law, Comparative Law

This chapter outlines the history of the concept of “judicial activism” as well as the basic contours of the political and academic debate over the practice. The chapter explores the development of ... More


The Regulatory State: Constitutional Implications

Dawn Oliver, Tony Prosser, and Richard Rawlings (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199593170
eISBN:
9780191595660
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593170.001.0001
Subject:
Law, Constitutional and Administrative Law

This collection of fifteen chapters by experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters ... More


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