Bulletin of Legal Developments
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Published: 1970
Total Pages: 736
ISBN-13:
DOWNLOAD EBOOKRead and Download eBook Full
Author:
Publisher:
Published: 1970
Total Pages: 736
ISBN-13:
DOWNLOAD EBOOKAuthor: Israel. Miśrad ha-mishpaṭim
Publisher:
Published: 1967*
Total Pages:
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Published: 1994
Total Pages:
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DOWNLOAD EBOOKAuthor: Scott Stephenson
Publisher: Holt Prize
Published: 2016
Total Pages: 243
ISBN-13: 9781760020675
DOWNLOAD EBOOKThe bills of rights adopted in the Commonwealth countries of Canada, New Zealand, the United Kingdom and, at the subnational level, Australia in recent decades, have prompted scholars and institutional actors involved in the process of constitutional design and reform to rethink how to evaluate and compare the different approaches to human rights protection. They have challenged a number of assumptions in the field, for example, that courts must have the power to invalidate laws that are found to violate rights (ie courts can now be given non-binding powers), that courts must have the 'final word' on rights issues (ie legislatures can now be given the power to override judicial decisions) and that bills of rights are enforced exclusively by courts (ie legislators can now be given new responsibilities to ensure that the laws they enact are compatible with rights).This book addresses three questions arising from these developments. How do these new bills of rights differ from the traditional approaches to rights protection? Why, if at all, should we consider the Commonwealth's approach over the traditional approaches? What compromises must be struck in the course of adopting a bill of rights of this variety? In answering these questions, the book sets out a new framework for comparison that focuses on the types of inter-institutional disagreement facilitated by and found in the different approaches to rights protection. It also identifies a previously unrecognised element of the Commonwealth's approach - the normative trade-offs with other constitutional principles and values - that is pivotal to understanding its operation. Finally, it seeks to contribute to future debates about rights reform in Australia and elsewhere by setting out a number of lessons that emerge from the answers to these three questions.**Dr Scott Stephenson, From Dialogue to Disagreement in Comparative Rights Constitutionalism, was joint winner of the inaugural Holt Prize 2015.
Author:
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Published: 1990
Total Pages: 104
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DOWNLOAD EBOOKAuthor: Anthony Carty
Publisher: NYU Press
Published: 1992-08-01
Total Pages: 506
ISBN-13: 9780814714737
DOWNLOAD EBOOKThis comprehensive volume brings together the major essays in the subject of law and development. The first sections concerns the relationship between legal systems and social, political and economic change in developing countries. The second section seeks to explain issues which concern law and development in the domestic context.
Author: Commercial Law Affiliates
Publisher:
Published: 1998
Total Pages: 148
ISBN-13:
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Publisher:
Published: 2003
Total Pages: 374
ISBN-13:
DOWNLOAD EBOOKAuthor: Martin Belov
Publisher: Routledge
Published: 2019-10-16
Total Pages: 201
ISBN-13: 1000707970
DOWNLOAD EBOOKThis book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.