Read and Download eBook Full
Author: Gary Lawson
Publisher:
Published: 2020
Total Pages: 229
ISBN-13: 0190273402
DOWNLOAD EBOOKDeference is central to almost everything that happens in law but has not been the subject of systematic study, perhaps because it shows up in so many different forms and places. This book aims to provide a definition and vocabulary for the study of deference that anyone, from any perspective, can use.
Author: Paul Daly
Publisher: Cambridge University Press
Published: 2012-06-28
Total Pages: 323
ISBN-13: 1107025516
DOWNLOAD EBOOKPaul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Author: Jim Kanaris
Publisher: State University of New York Press
Published: 2012-02-01
Total Pages: 203
ISBN-13: 0791484319
DOWNLOAD EBOOKIn Deference to the Other brings contemporary continental thought into conversation with that of Bernard Lonergan (1904–1984), the Jesuit philosopher and theologian. This is an opportune moment to open such a dialogue: philosophers and theologians indebted to Lonergan have increasingly found themselves challenged by the insights of thinkers typically dubbed "postmodern," while postmodernists, most notably Jacques Derrida, have begun to ask the "God question." While Lonergan was not a continental philosopher, neither was he an analytic philosopher. Concerned with both epistemology and cognition, his systematic and hermeneutic-like proposals resonate with the concerns of philosophers such as Derrida, Foucault, Levinas, and Kristeva. Contributors to this volume find insight and affiliation between Lonergan's thought and contemporary continental thought in a wide-ranging work that engages the philosophical problems of authenticity, self-appropriation, ethics, and the human subject.
Author: David Rudenstine
Publisher: Oxford University Press
Published: 2016
Total Pages: 345
ISBN-13: 0199381488
DOWNLOAD EBOOKThe Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
Author: Neil Nevitte
Publisher: Peterborough, Ont. : Broadview Press
Published: 1996-08
Total Pages: 404
ISBN-13:
DOWNLOAD EBOOKIn this extraordinarily wide-ranging book, Neil Nevitte demonstrates that the changing patterns of Canadian values are connected.
Author: Alan D. P. Brady
Publisher: Cambridge University Press
Published: 2012-05-03
Total Pages: 311
ISBN-13: 1107013003
DOWNLOAD EBOOKA rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Author: Esmé Shirlow
Publisher:
Published: 2020-12
Total Pages:
ISBN-13: 9781108867108
DOWNLOAD EBOOK"Introduction Deference and the International Adjudication of Private Property Disputes While working as a government lawyer in 2011, a letter came into our office advising that the Philip Morris tobacco company had decided to sue Australia under a bilateral investment treaty. The company contended that Australia's tobacco plain packaging requirements breached its intellectual property rights, entitling it to billions of dollars in compensation under international law. This news was not particularly shocking to the small team of which I was part, which had been assembled within the government's Office of International Law to respond to these types of claims. The news was shocking, though, to the wider Australian community. Over the ensuing months, the community's disbelief became better-articulated in the press: How can an international tribunal sit in judgment over a measure which the Australian Parliament had decided was in the public interest after extensive scientific enquiry and public consultation? Could an international tribunal really reverse the finding of Australia's highest court that the legislation was lawful?"--
Author: Guobin Zhu
Publisher: Springer Nature
Published: 2019-11-23
Total Pages: 445
ISBN-13: 3030315398
DOWNLOAD EBOOKThis book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Author: Catherine Marshall
Publisher: Springer Nature
Published: 2021-01-13
Total Pages: 359
ISBN-13: 3030625397
DOWNLOAD EBOOKThis book explores the concept of deference as used by historians and political scientists. Often confused and judged to be outdated, it shows how deference remains central to understanding British politics to the present day. This study aims to make sense of how political deference has functioned in different periods and how it has played a crucial role in legitimising British politics. It shows how deference sustained what are essentially English institutions, those which dominated the Union well into the second half of the twentieth century until the post-1997 constitutional transformations under New Labour. While many dismiss political and institutional deference as having died out, this book argues that a number of recent political decisions – including the vote in favour of Brexit in June 2016 – are the result of a deferential way of thinking that has persisted through the democratic changes of the twentieth century. Combining close readings of theoretical texts with analyses of specific legal changes and historical events, the book charts the development of deference from the eighteenth century through to the present day. Rather than offering a comprehensive history of deference, it picks out key moments that show the changing nature of deference, both as a concept and as a political force.
Author: Grant Huscroft
Publisher: Cambridge University Press
Published: 2008-04-21
Total Pages: 332
ISBN-13: 9780521887410
DOWNLOAD EBOOKWhat does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
