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The Challenge of Effective Implementation

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0004
Subject:
Political Science, Political Theory

Responds to critical claims that constitutionalising the right to an adequate environment would not be prudent due to difficulties making it justiciable and difficulties that could make success on ... More


Brennan, Civil Rights, and the “Personal Stake” Gambit

Evan Tsen Lee

in Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on William Brennan. In Baker v. Carr, the landmark decision that opened the door to “one man, one vote,” the Court all but overruled Frankfurter's majority opinion in Colegrove ... 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


Justiciability and 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/9780195370850.003.0006
Subject:
Law, Comparative Law

One of the important dimensions to judicial activism identified in Chapter 2 involves the judiciary's “institutional aggrandizement” at the potential expense of the other branches of the federal ... More


A Transatlantic Comparison

Tom Zwart

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0026
Subject:
Law, Legal History

This chapter approaches the role of the Appellate Committee from a U.S. perspective, focusing on their operating systems, i.e., the conditions that directly determine the operation of both courts ... More


Aspects of Justiciability in International Law

Lawrence Collins

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0023
Subject:
Law, Legal History

This chapter deals with Aspects of Justiciability in International Law, especially justiciability of treaties in municipal law, by looking at development on this subject in case law.


Policy

Robert Stevens

in Torts and Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211609
eISBN:
9780191705946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211609.003.0014
Subject:
Law, Law of Obligations

The range of reasons which a judge can employ in adjudicating a case is restricted. Judges lack the political jurisdiction and technical competence to employ all of the possible rational reasons ... More


Elements of a Theory of the Right to Development *

Arjun Sengupta

in Arguments for a Better World: Essays in Honor of Amartya Sen: Volume I: Ethics, Welfare, and Measurement

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199239115
eISBN:
9780191716935
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239115.003.0007
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter spells out the characteristics of the Right to Development, adopted by the 1986 UN Declaration as an international human right. It builds on the six questions identified by Sen as ... More


Access to Medicine as a Human Right

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins with a background note on international human rights law and the right to health — the most commonly mentioned basis for a right to access to medicine — as well as human rights ... More


Framing and Reframing the Agōn: Contesting Narratives and Counternarratives on Māori Property Rights and Political Constitutionalism, 1840–1861

Mark Hickford

in Native Claims: Indigenous Law against Empire, 1500–1920

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199794850
eISBN:
9780199919291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199794850.003.0007
Subject:
History, World Early Modern History, World Modern History

This essay argues that examining indigenous territorial claims versus European territorial claims in settlement colonies requires analysis of the dynamic framing and re-framing of the contested and ... More


A Substantive Distinction

J. W. F. Allison

in A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298656
eISBN:
9780191710735
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298656.003.0008
Subject:
Law, Comparative Law, Legal History

A distinction between public and private in substantive law is presented as similar to the institutional distinction between private- and public-law courts in its dependence on a satisfactory ... More


Interpreting the Minimum

Katharine G. Young

in Constituting Economic and Social Rights

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199641932
eISBN:
9780191746086
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641932.003.0003
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

The pressure that legal institutions face in interpreting economic and social rights is often expressed as the pressure to determine the minimum content of each right. This chapter discusses attempts ... More


Justiciability and Jurisdiction: Political Questions and the Scope of Judicial Review

T.R.S. Allan

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0006
Subject:
Law, Constitutional and Administrative Law

Constitutional rights and freedoms, limiting the exercise of legislative and executive power, are unlikely to be of much practical value unless they can be judicially enforced. Although the ... More


FROM JUDICIAL RESTRAINT TO JUDICIAL ACTIVISM

Menachem Mautner

in Law and the Culture of Israel

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199600564
eISBN:
9780191729188
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600564.003.0004
Subject:
Law, Philosophy of Law

This chapter discusses the rise of judicial activism in the jurisprudence of the Israeli Supreme Court during the 1980s and 1990s. Many scholars claim that the Court could be said to have been ... More


THE SUPREME COURT AND THE FUTURE OF LIBERALISM

Menachem Mautner

in Law and the Culture of Israel

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199600564
eISBN:
9780191729188
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600564.003.0007
Subject:
Law, Philosophy of Law

This chapter discusses the implications of the conspicuous and activist involvement of Israel's Supreme Court in Israel's cultural struggle. It shows that the Court has lost much of its legitimacy ... More


Justiciability of Socio-economic Rights at the Domestic Level

Frans Viljoen

in International Human Rights Law in Africa

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199218585
eISBN:
9780191696107
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218585.003.0014
Subject:
Law, Human Rights and Immigration

This chapter focuses on poverty – one of the bleakest features in the African landscape – and the role (and potential role) in its eradication played by justiciable socio-economic rights in the ... More


Dualism in the Face of a Changing Legal Culture

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0061
Subject:
Law, Public International Law

This chapter offers some brief observations as to the interplay of public international law and domestic law (whether common law or statutory) in the United Kingdom courts. One important question is ... More


The Limits of Public Law

T. R. S. Allan

in Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198259916
eISBN:
9780191682025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259916.003.0009
Subject:
Law, Constitutional and Administrative Law

The mark of justiciability in public law is provided by the court's concern with the rights and interests of the applicant, as opposed to the merits of the relevant action or decision as a matter of ... More


Justiciability

F. A. Mann

in Foreign Affairs in English Courts

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198255642
eISBN:
9780191681615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255642.003.0004
Subject:
Law, Public International Law

An issue is justiciable if it is capable of being tried according to law. In so far as foreign relations in England are concerned, this means that justiciability is lacking only where issues come ... More


Rules of Engagement: The Spatiality of Judicial Review

Melinda Harm Benson

in The Expanding Spaces of Law: A Timely Legal Geography

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804787185
eISBN:
9780804791878
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804787185.003.0010
Subject:
Law, Philosophy of Law

This chapter explores the idea that litigation presupposes a space that has, to date, commanded little attention from legal geography. Legal systems and processes and their associated “rules of ... More


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