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Judicial review

See below for a selection of the latest books from Judicial review category. Presented with a red border are the Judicial review books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great Judicial review books and those from many more genres to read that will keep you inspired and entertained. And it's all free!

Marbury v. Madison

Marbury v. Madison

Author: William E. Nelson Format: Hardback Release Date: 26/04/2021

On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court's standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution.Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court's prestige and power rather than have it serve partisan political agendas.

Decision Making and Controversies in State Supreme Courts

Decision Making and Controversies in State Supreme Courts

Author: Salmon A. Shomade Format: Paperback / softback Release Date: 15/04/2021

Foregrounding religious, racialized and gendered disputes, Decision Making and Controversies in State Supreme Courts examines state supreme court decision making during controversies. Using case studies within Alabama, Louisiana, and Wisconsin, Salmon Shomade identifies and analyses the predominant factors influencing decision making in times of court contention. In this book, Shomade assesses how the justices' interpersonal dynamics and controversial issues of religion, race, and gender impact their decision making. Specifically, the book focuses on former Alabama Chief Justice Roy Moore and the Ten Commandments monument crisis, Louisiana Chief Justice Bernette Johnson and her elevation dispute, and former Wisconsin Justice David Prosser and his conflicts with two female colleagues. The book contributes to the literature on decision making in state appellate courts by building upon established models utilized for assessing these courts.

De Smith's Judicial Review

De Smith's Judicial Review

Author: The Right Hon Lord Woolf Format: Mixed media product Release Date: 16/12/2020

De Smith's Judicial Review is the leading work on the history, principles and practice of judicial review in England and Wales. The Second Supplement brings the 8th edition mainwork up to date and includes cases which have either developed a principle or provide a particularly useful illustration of a principle or practice. The cases cover the following areas: Jurisdictional error and ouster clauses Legitimate expectations The duty to give reasons Substantive unfairness and equality Intensity of proportionality review Discrimination cases under the Human Rights Act and domestic law

Constitutional Statecraft in Asian Courts

Constitutional Statecraft in Asian Courts

Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.

Judicial Review: Law and Practice Third edition

Judicial Review: Law and Practice Third edition

Author: Sam Karim Format: Hardback Release Date: 09/12/2019

The third edition of Judicial Review: Law and Practice has been updated to provide practitioners with a comprehensive companion to judicial review proceedings. It covers the substantive law of judicial review including grounds of review and remedies, and looks in detail at the practice and procedure specific to such claims. The largest part of the work is dedicated to individual areas of the law where judicial review is relevant, including planning and environment, community care, housing, mental health, criminal law, education, licensing, central/local government and immigration law. It provides a wide-ranging coverage of administrative law and its niche practice areas including essential procedural rules, forms and guidance issued by the Administrative Court. Whether you are a specialist public lawyer or whether you practice in areas of law where expertise in judicial review is required, Judicial Review: Law and Practice provides the guidance you need to take on and manage cases confidently.

Constitutional Courts in Asia

Constitutional Courts in Asia

Author: Albert H. Y. (The University of Hong Kong) Chen Format: Paperback / softback Release Date: 31/10/2019

The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.

Equal Justice

Equal Justice

Author: Frederick Wilmot-Smith Format: Hardback Release Date: 25/10/2019

A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn't dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law's demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.

Justice Scalia

Justice Scalia

Author: Brian G. Slocum Format: Paperback / softback Release Date: 21/03/2019

Justice Antonin Scalia (1936-2016) was the single most important figure in the emergence of the new originalist interpretation of the US Constitution, which sought to anchor the court's interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia's legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Justice Scalia

Justice Scalia

Author: Brian G. Slocum Format: Hardback Release Date: 21/03/2019

Justice Antonin Scalia (1936-2016) was the single most important figure in the emergence of the new originalist interpretation of the US Constitution, which sought to anchor the court's interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia's legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Decision Making and Controversies in State Supreme Courts

Decision Making and Controversies in State Supreme Courts

Author: Salmon A. Shomade Format: Hardback Release Date: 15/10/2018

Foregrounding religious, racialized and gendered disputes, Decision Making and Controversies in State Supreme Courts examines state supreme court decision making during controversies. Using case studies within Alabama, Louisiana, and Wisconsin, Salmon Shomade identifies and analyses the predominant factors influencing decision making in times of court contention. In this book, Shomade assesses how the justices' interpersonal dynamics and controversial issues of religion, race, and gender impact their decision making. Specifically, the book focuses on former Alabama Chief Justice Roy Moore and the Ten Commandments monument crisis, Louisiana Chief Justice Bernette Johnson and her elevation dispute, and former Wisconsin Justice David Prosser and his conflicts with two female colleagues. The book contributes to the literature on decision making in state appellate courts by building upon established models utilized for assessing these courts.

Intention, Supremacy and the Theories of Judicial Review

Intention, Supremacy and the Theories of Judicial Review

Author: John (Edge Hill University, UK) McGarry Format: Paperback / softback Release Date: 11/05/2018

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts' jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts' judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy - and, in turn, the relationship between Parliament and the courts - is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.