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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


The legacy of the Irish Free State Constitution

Laura Cahillane

in Drafting the Irish Free State Constitution

Published in print:
2016
Published Online:
January 2017
ISBN:
9781526100573
eISBN:
9781526115188
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526100573.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter builds on the conclusions reached at the end of the last chapter by attempting to discover whether the failures of the constitution were caused by defects in the constitutional design of ... More


Judicial power and popular control

Eoin Daly and Tom Hickey

in The political theory of the Irish Constitution: Republicanism and the basic law

Published in print:
2015
Published Online:
January 2016
ISBN:
9780719095283
eISBN:
9781781708842
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719095283.003.0004
Subject:
Political Science, Political Theory

This chapter considers how republican ideas inform the debate about the role of courts in reviewing the constitutionality of legislation, and more generally the relationship between judicial and ... More


2002 Draft III: Judiciary, Rights and Substantive Provisions

W. Elliot Bulmer

in Constituting Scotland: The Scottish National Movement and the Westminster Model

Published in print:
2016
Published Online:
January 2018
ISBN:
9780748697595
eISBN:
9781474427128
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697595.003.0007
Subject:
Society and Culture, Scottish Studies

This chapter, the third of three chapters examining the SNP’s 2002 constitutional text, addresses the judiciary, rights, and substantive provisions of the constitution. As well as examining ... More


Reappraising judicial supremacy in the Irish constitutional tradition

Eoin Daly

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0003
Subject:
Law, Legal History

In his chapter, Eoin Daly casts a sceptical eye on judicial supremacy. Daly argues that the doctrine goes almost unquestioned in Irish constitutional scholarship (and practice) and that its value and ... More


From the Imperial Capital to the Magistrate’s Court: Judicial Practices in Imperial China

Xiaoqun Xu

in Heaven Has Eyes: Law and Justice in Chinese History

Published in print:
2020
Published Online:
August 2020
ISBN:
9780190060046
eISBN:
9780190060077
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190060046.003.0003
Subject:
History, Asian History, Political History

Chapter 2 describes the institutions in the capital and in provinces that performed judicial functions, and their procedures and practices, throughout the imperial era. It lays out the role of the ... More


Administrative Justice Fin de siècle: Early Judicial Standards of Administrative Conduct in Europe (1890-1910)

Giacinto della Cananea and Stefano Mannoni (eds)

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198867562
eISBN:
9780191904332
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867562.001.0001
Subject:
Law, Constitutional and Administrative Law

This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works ... More


Judicial Review of Direct Democracy

Matt Qvortrup

in Direct democracy: A comparative study of the theory and practice of government by the people

Published in print:
2013
Published Online:
January 2014
ISBN:
9780719082061
eISBN:
9781781706084
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719082061.003.0009
Subject:
Political Science, Comparative Politics

The chapter discusses how the courts increasingly have been involved in controlling direct legislation. Using a case study of the United States, the tendency of the court to annul legislation adopted ... More


The Historical Foundations of Judicial Review in the United Kingdom

Conor McCormick

in Administrative Justice Fin de siècle: Early Judicial Standards of Administrative Conduct in Europe (1890-1910)

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198867562
eISBN:
9780191904332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867562.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter analyses judicially developed standards for reviewing administrative actions in the United Kingdom between 1890 and 1910. By exploring the context, reach, types, and frequency of ... More


Judicial Review of the European Central Bank’s Actions

Menelaos Markakis

in Accountability in the Economic and Monetary Union: Foundations, Policy, and Governance

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198845263
eISBN:
9780191880544
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845263.003.0008
Subject:
Law, EU Law

This chapter focuses on judicial review of the European Central Bank’s actions by the EU courts. It does not purport to examine all issues related to the legal accountability of the ECB across its ... More


Standards of Judicial Review of Administrative Action (1890–1910) in the Austro-Hungarian Empire

Angela Ferrari Zumbini

in Administrative Justice Fin de siècle: Early Judicial Standards of Administrative Conduct in Europe (1890-1910)

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198867562
eISBN:
9780191904332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867562.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter argues that, if France has been the home of administrative courts, Austria has greatly contributed to the development of administrative law with regard to administrative procedure. ... More


Judicial Review of Economic (and Monetary) Policy: The National Courts

Menelaos Markakis

in Accountability in the Economic and Monetary Union: Foundations, Policy, and Governance

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198845263
eISBN:
9780191880544
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845263.003.0007
Subject:
Law, EU Law

This chapter examines the jurisprudence of national courts on crisis-related measures. The material presented in this chapter will be divided into two parts. First, this chapter will examine some of ... More


Judicial Review of Economic Policy: The EU Courts

Menelaos Markakis

in Accountability in the Economic and Monetary Union: Foundations, Policy, and Governance

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198845263
eISBN:
9780191880544
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845263.003.0006
Subject:
Law, EU Law

This chapter seeks to unpack access to EU courts in the area of EMU, the emphasis being on the challenges facing austerity-hit litigants wishing to put their substantive case before the Court of ... More


Legal Accountability: Beyond Jurisdictional Reach?

Carolyn Moser

in Accountability in EU Security and Defence: The Law and Practice of Peacebuilding

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198844815
eISBN:
9780191895654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844815.003.0006
Subject:
Law, EU Law

This chapter deals with legal accountability arrangements in the context of EU peacebuilding activities carried out under the CSDP with a special focus on legality, access to justice, and monetary ... More


Conclusion: Politics or Law? Legacies of Lawyering in the Civil Rights Era

Peter Charles Hoffer

in The Search for Justice: Lawyers in the Civil Rights Revolution, 1950-1975

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226614281
eISBN:
9780226614458
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226614458.003.0009
Subject:
Law, Legal History

This concluding section asks whether the Civil Rights revolution should be seen as a legal or as a political movement. It assesses the impact of that movement on the careers and reputations of judges ... More


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