judicial review dissertation

This dissertation examines judicial review in executive (administrative)1 action as an essential tool for curbing the excesses and abuse of delegated legislative powers in Sierra Leone based on the valid assumption that there is a system of administrative law due to a developed system of judicial review in Sierra Leone.

Abstract: The thesis focuses on Judicial Review of Legislation, exploring—with the aid of Robert Brandom's inferential semantics—the possibility of engaging in a properly judicial assessment of the constitutionality of a law.In order to do this, and after criticising the proportionality approach to the subject, it addresses both the

The existence of judicial review confronts scholars of political institutions, particularly scholars of law and judicial politics, with several important questions. Why ... A feat as large as a dissertation cannot be completed without incurring a substantial amount of debts. The most obvious debts are to my dissertation committee.

This thesis examines whether judge elections and "judicial review"1 among state courts promote healthy governmental balance and democratic legitimacy. Legitimacy lies at the heart of Alexander M. Bickel's argument in The Least Dangerous Branch: The Supreme Court at the Bar of American Politics, where he considers how judicial review

dron, Judicial Review, supra note 1, at 1352 (noting that "[it may still be the case that judicial review is necessary as a protective measure against legislative pathologies relating to sex, race, or religion in particular countries"). Crucially, Professor Waldron's case against judicial review presumes "a commitment on

The common rationale or narrative for the rise of first wave judicial review is the catastrophe thesis associated with the lessons of World War II that transformed the constitutional order in Germany (1949), Italy (1948), and Japan (1947) and the transition from the catastrophe of dictatorship in Spain (1978) and Portugal (1982), and, later in ...

The major findings of the research are as follows: firstly, judicial review is a mechanism through which constitutionalism can be attained because it ensures that actions or decisions undertaken by government conform to the Constitution, and other laws of the land. Secondly, the attitude the courts have towards judicial review affects the ...

The idea of "responsive" judicial review encourages courts to engage with their own distinct institutional position, and potentially limits on their own capacity and legitimacy. Dixon explores ways this translates into the embracing of a "weakened" approach to judicial finality, compared to the traditional US-model of judicial supremacy ...

Some would argue that this departure into. judicial power and gradual changes to constitutional law and practice comprises "the rule of. law, privilege[s] irresponsible law making, and undercut[s] democratic self-government". demanding these power be "wound back".167 Those who share this view posit that the courts.

The thesis focuses on Judicial Review of Legislation, exploring—with the aid of Robert Brandom's inferential semantics—the possibility of engaging in a properly judicial assessment of the constitutionality of a law. In order to do this, and after criticizing the proportionality approach to the subject, it addresses both the nature of the question that is put forward in cases of review of ...

Techniques of judicial review are often used to enforce the constitution. 5 1.1. METHODOLOGY In this paper, I shall argue that judicial review is an effective safeguard for protecting the freedom of expression in Uganda. I shall briefly describe the concept of judicial review as understood in administrative law. I shall then analyse, judicial

JUDICIAL REVIEW: A MECHANISM FOR ATTAINING CONSTITUTIONALISM, WITH SPECIAL REFERENCE TO ZAMBIA ... writing this dissertation would have been a nightmare! Lastly, but not the least, I thank all those who have contributed directly and indirectly to the completion of this study. Words can express but a fraction of what moves the heart.

In this thesis I construct an interpretation of judicial review in England and Wales from the ground up based on an analysis of social practice in the Administrative Court. I argue that whilst judicial review provides a forum for debates about constitutional values and rights, and the inter-institutional

Judicial review is a highly complex and developing subject. It has its roots long back and its scope and extent varies from case to case. It is considered as the basic feature of the Constitution. The court in its exercise of its power of judicial review would zealously guard the human rights, fundamental rights and the

I confirm that this dissertation is from entirely from my own findings and has never been produced by anybody else for any award in any institutions al sources and quotations have been ... judicial review finds its basis in the Constitution, the Judicature Act Cap 13 and the Judicature (Judicial Review) Rules 11/2009. Article 42 of the ...

The thesis concludes with a few observations on this trend of review by national courts both in the United States and in India while setting out that in order to preserve the scope and purpose of arbitration, it is desirable that the national courts desist from broadening the scope of judicial review beyond the statutory principles set out in the

Judicial Review in France by Martin M. Shapiro * Although the matter I am about to take up might normally be relegated to a footnote, it is so important that I prefer to present it in the text as an introduction. Alec Stone is a Ph.D. candidate at the University of Washington completing a dissertation on the Conseil Constitutionnel.

judicial review: a mechanism for attaining constitutionalism, with special reference to zambia by mukelabai lamaswala a dissertation submitted to the university of zambia in fulfilment of the requirements for the award of the master of laws (llm). ©september, 2015.

This research evaluated the effectiveness of the Judicial Review system and its impact on the system of checks and balances in Zambia. The objectives of the research were to evaluate the Judicial Review system and identify possible areas of improvement and also to identify pragmatic measures to improve the impact of Judicial Review on the system of checks and balances.

Brudzinski, Walter, NY (2009) "A Case Study of the Coast Guard Administrative Law Judge Program" (non-published thesis, available through the University of Nevada, Reno Library). Buchele, James P., KS (1988) "Justifying Real Property Tax Exemptions in Kansas", Washburn Law Journal27, No. 252, pgs.252-297, November 1988.

The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. Shodhganga@INFLIBNET. Panjab University. Department of Law.

The grounds for judicial review will be considered with in more detail in section 11.2, but it is useful at this stage to understand what they are and understand how they are necessary in order to proceed with a claim for judicial review.. D. Judicial Review and the Constitution The principle of parliamentary supremacy provides the foundation for judicial review.

The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. Shodhganga@INFLIBNET. University of North Bengal. Department of Law.

Only official editions of the Federal Register provide legal notice of publication to the public and judicial notice to the courts under 44 ... Type of Review: An extension ... Access (TICFIA), (10) Undergraduate International Studies and Foreign Language (UISFL), (11) Fulbright-Hays Doctoral Dissertation Research Abroad Program (DDRA), (12 ...