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Reconstructing Judicial Review

Reconstructing Judicial Review Author Sarah Nason
ISBN-10 9781509904631
Release 2016-12-01
Pages 256
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This book offers a new interpretation of judicial review in England and Wales as being concerned with the advancement of justice and good governance, as opposed to being concerned primarily with ultra vires or common law constitutionalism. It is developed both from examining the functions and values that ought to be served by judicial review, and from analysis of empirical 'social' facts about judicial review primarily as experienced in the Administrative Court. Based on ground-up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant/irrelevant considerations, breach of an ECHR protected right orequality duty, and constitutional allocation of powers, constitutional rights, or other complex constitution principles. It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies. It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgement is involved on the part of the initial decision-maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality. It finds that judges apply ordinary common law principles of statutory interpretation with historical pedigrees, including assessing the initial decision-maker's reasoning with reference to statutory purpose, and sifting relevant from irrelevant considerations, including moral considerations. The result is a ground-breaking reassessment of the grounds of judicial review in England and Wales and the practice of the Administrative Court.



Constitutionalism Identity Difference and Legitimacy

Constitutionalism  Identity  Difference  and Legitimacy Author Michel Rosenfeld
ISBN-10 0822315165
Release 1994
Pages 434
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Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume--written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists--investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory. Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society's quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality. This collection's broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law. Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West



The Cultural Study of Law

The Cultural Study of Law Author Paul W. Kahn
ISBN-10 0226422550
Release 2000-12-15
Pages 169
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Drawing on philosophers from Plato to Foucault and cultural anthropologists and historians such as Clifford Geertz and Perry Miller, Kahn outlines the conceptual tools necessary for such an inquiry. He analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of law's rule and goes on to consider the methodological problems entailed in stripping the study of law of its reformist ambitions.



Reconstructing Reconstruction

Reconstructing Reconstruction Author Pamela Brandwein
ISBN-10 0822323168
Release 1999
Pages 272
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Was slavery over when slaves gained formal emancipation? Was it over when the social, economic, and political situation for African Americans no longer mimicked the conditions of slavery? If the Thirteenth Amendment abolished it in 1865, why did most of the disputed points during the Reconstruction debates of 1866-75 concern issues of slavery? In this book Pamela Brandwein examines the post-Civil War struggle between competing political and legal interpretations of slavery and Reconstruction to reveal how accepted historical truth was established. Offering a fresh approach to the subject of original intent, Reconstructing Reconstruction will interest legal historians and scholars of constitutional law, American history, race and ethnicity, political theory, and the sociology of law.



Human Rights and Judicial Review in Australia and Canada

Human Rights and Judicial Review in Australia and Canada Author Janina Boughey
ISBN-10 9781509907885
Release 2017-06-15
Pages 320
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It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.



Rethinking the Judicial Settlement of Reconstruction

Rethinking the Judicial Settlement of Reconstruction Author Pamela Brandwein
ISBN-10 9781139496964
Release 2011-02-21
Pages
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American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.



The Supreme Court s Retreat from Reconstruction

The Supreme Court s Retreat from Reconstruction Author Frank J. Scaturro
ISBN-10 0313311056
Release 2000-01-01
Pages 305
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Compares the Supreme Court's holdings regarding the Thirteenth, Fourteenth, and Fifteenth Amendments to the framers' own interpretations and examines the resulting distortions of constitutional law, some of which continue to this day.



Reconstructing the Household

Reconstructing the Household Author Peter W. Bardaglio
ISBN-10 0807847127
Release 1998-03-01
Pages 384
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In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their households and in the larger society during the tumultuous Civil War era. Slavery, war, emancipation, and Reconstruction not only shaped relations between blacks and whites but also between women and men, parents and children, and rich and poor. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving these groups led to a rethinking of families, sexuality, and the social order.



Reconstructing Contracts

Reconstructing Contracts Author Douglas G. Baird
ISBN-10 9780674073586
Release 2013-04-01
Pages 182
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Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law, showing that Oliver Wendell Holmes’s set of principles, properly understood, continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.



Marbury V Madison

Marbury V  Madison Author William Edward Nelson
ISBN-10 0700610626
Release 2000
Pages 142
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This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.



The Unity of Public Law

The Unity of Public Law Author Mark Elliott
ISBN-10 9781509915194
Release 2018-04-19
Pages 472
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This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.



Legal Pragmatism

Legal Pragmatism Author Michael Sullivan
ISBN-10 9780253116987
Release 2007-06-14
Pages 176
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In Legal Pragmatism, Michael Sullivan looks closely at the place of the individual and community in democratic society. After mapping out a brief history of American legal thinking regarding rights, from communitarianism to liberalism, Sullivan gives a rich and nuanced account of how pragmatism worked to resolve conflicts of self-interest and community well-being. Sullivan's view of pragmatism provides a comprehensive framework for understanding democracy, as well as issues such as health care, education, gay marriage, and illegal immigration that will determine its character in the future. Legal Pragmatism is a bold, carefully argued book that presents a unique understanding of contemporary society, law, and politics.



The Politics of Judicial Interpretation

The Politics of Judicial Interpretation Author Robert J. Kaczorowski
ISBN-10 0823223825
Release 2005
Pages 246
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This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction. Should be required reading . . . for all historians, jurists, lawyers, political scientists, and government officials who in one way or another are responsible for understanding and interpreting our civil rights past.-Harold M. Hyman, Journal of Southern HistoryImportant, richly researched. . . . the fullest account now available.-American Journal of Legal History



Packing the Court

Packing the Court Author James Macgregor Burns
ISBN-10 9781101081907
Release 2009-06-25
Pages 336
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From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.



Progressive Constitutionalism

Progressive Constitutionalism Author Robin West
ISBN-10 0822315254
Release 1994
Pages 359
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The Fourteenth Amendment guarantees all citizens equal protection under the law as well as immunity from laws that deprive them of life, liberty, or property without due process of law. In Progressive Constitutionalism, Robin West develops an interpretation of this amendment that contrasts with the views, conservative and liberal, of the Rehnquist, Burger, and Warren Courts, and with the radical "antisubordinationist" account provided by the critical legal studies movement and many prominent feminist and critical race theorists. Her interpretation consists of a "substantive" argument regarding the Amendment's core meaning, and a jurisprudential argument regarding the role of the courts and Congress in fulfilling the Amendment's progressive promise. West shows how the "equal protection" clause, far from insulating the private spheres of culture, market, and home life, as is commonly held, directly targets abuses of power within those spheres. She develops a number of arguments for the modern relevance of this understanding, from the failure of the state to provide equal protection against private domestic violence, permitting a "private sovereignty" of patriarchal power within the home, to the the state's failure to provide equal protection against material deprivation, allowing "private sovereignty" between economically privileged and desperate people in private markets. West's argument extends to the "liberty" prong of the due process clause, seen here as a protection of the positive, not negative, liberty of citizens, covering rights in such typically controversial areas as welfare, education, and domestic safety. This interpretation recasts a number of contemporary constitutional issues, such as affirmative action and hate speech, and points to very different problems—notably private, unchecked criminal violence and extreme economic deprivation—as the central constitutional dilemmas of our day. Progressive Constitutionalism urges a substantive, institutional, and jurisprudential reorientation of our understanding of the Fourteenth Amendment, one that would necessarily be pursued through Congressional rather than judicial channels. In doing so, with attention to history and both feminist and critical race scholarship, it should reinvigorate our politics and our constitutional conversations—and, perhaps, point us toward a more just society.



Reconstructing Early Christian Worship

Reconstructing Early Christian Worship Author Paul Bradshaw
ISBN-10 9780281062973
Release 2012-05-04
Pages 192
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The book should be seen in the context of Paul Bradshaw's earlier works: The Search for the Origins of Christian Worship and Eucharistic Origins. In this book he updates his thinking in this area, focussing on the origins of the Eucharist, Baptism and Daily Prayer. The controversial introductory chapter is entitled: Did Jesus Institute the Eucharist at the Last Supper?



Shooting Incident Reconstruction

Shooting Incident Reconstruction Author Michael G. Haag
ISBN-10 9780123822420
Release 2011-06-29
Pages 440
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Forensic scientists, law enforcement, and crime scene investigators are often tasked with reconstruction of events based on crime scene evidence, and the subsequent analysis of that evidence. The use and misuse of firearms to perpetrate crimes from theft to murder necessitates numerous invitations to reconstruct shooting incidents. The discharge of firearms and the behavior of projectiles create many forms of physical evidence that, through proper testing and interpretation by a skilled forensic scientist, can establish what did and what did not occur. This book is generated from the authors' numerous years of conducting courses and seminars on the subject of shooting incident reconstruction. It seeks to thoroughly address matters from simple to complex in providing the reader an explanation of the factors surrounding ballistics, trajectory, and shooting scenes. The ultimate objectives of this unique book are to assist investigators, crime scene analysts, pathologists, ballistics experts, and lawyers to understand the terminology, science, and factors involved in reconstructing shooting incident events to solve forensic cases. The book will cover the full range of related topics including the range from which a firearm was discharged, the sequence of shots in a multiple discharge shooting incident, the position of a firearm at the moment of discharge, the position of a victim at the moment of impact, the probable flight path of a projectile, the manner in which a firearm was discharged and much more. Written by the most well-respected shooting scene and ballistics experts in the world Contains over 200 full-color diagrams and photographs that support and illustrate key concepts Case studies illustrate real-world application of technical concepts