The Constitutional Significance of the Process of Judicial Review of
judicial review
COMMENTS
PDF Judicial Review Under Indian Constitution: Its Reach and Contents a
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
Shodhganga@INFLIBNET: Judicial review under indian constitution its
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.
Judicial review: A mechanism for attaining Constitutionalism, with
Hence, the concern of many Zambians has been to find a mechanism which can lead to a better practice of constitutionalism. In this regard, I am of the view that judicial review is such a mechanism. The objective of the study is to find out whether there is a link between judicial review and constitutionalism; and if so, whether judicial review ...
PDF The University of Zambia
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.
PDF Electing State Court Judges: Harmonizing Democracy with Judicial Review
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
Judicial review in the contemporary world—Retrospective and prospective
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 ...
Shodhganga@INFLIBNET: Analytical study of the judicial review of
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.
PDF Szczaranski, Federico (2020) Adjudication in judicial review: an
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
National Law School of India Review
Professor Rosalind Dixon presents an engaging analysis of the theory of judicial review in Responsive Judicial Review — Democracy and Dysfunction in the Modern Age. Dixon's work is the intellectual successor to John Hart Ely's Democracy and Distrust,1 which envisaged judicial review in the United States as a constitutional necessity to ...
PDF ESSAYS ON JUDICIAL REVIEW A Dissertation GARRETT NATHANIEL VANDE KAMP
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.
PDF The Distracting Debate Over 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
Adjudication in judicial review: an inferential approach
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 ...
An evaluation of the effectiveness of judicial review and its impact on
The research identified the following areas in the Judicial Review system that are lagging behind in terms of operational status: the inadequacy of the available remedies, archaic grounds for review, the lack of express constitutional recognition of the High Court's power of review and the lack of local legislation to govern the procedural and ...
A Critical Analysis on Judicial Review, Judicial Activism and Judicial
India practices constitutional democracy with emphasis on constitutionalism. The judiciary protects the Constitution and the rights of the citizens from arbitrary actions of the legislature and Executive for which the judiciary has assumed the onerous role of a watchdog of the Constitution. This paper discusses in detail about the origin and evolution of Judicial Review, and the process of ...
PDF Kadija Mona Saudatu Kabba Judicial Review: an essential tool for
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.
PDF Transformation Of Judicial Review In Kenya Under The 2010 Constitution
30TH NOVEMBER, 2016 ABSTRACT. As the topic suggests, Transformation of Judicial Review in Kenya under the 2010 Constitution is a discourse on the changed approach to judicial review arising from the promulgation of the Constitution of Kenya, 2010. The research is informed by the problem that despite the promulgation of the Constitution ...
Shodhganga@INFLIBNET: Judicial Review Of Preventive Detention Orders In
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 Madras. Department of Legal Studies.
PDF Effectiveness of Judicial Review and Its Application in The Court
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 ...
PDF Judicial Review: an Effective Tool for Protecting the Freedom 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
(PDF) The Politics of Judicial Review
The central thesis of the article is the normative literature about judicial review will remain impoverished until it takes account of the positive scholarship. Ought implies can; much of the ...
An Analysis of Judicial Review of Administrative Actions Under Nigerian
This dissertation aimed at examining judicial review of administrative actions in Nigeria. Judicial review is the power of a court to examine the acts of the other branches of government, lower courts, public or administrative authorities and uphold them or invalidate them as may be necessary in line with the relevant constitutional provisions ...
Thesis List
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.
IMAGES
COMMENTS
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
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.
Hence, the concern of many Zambians has been to find a mechanism which can lead to a better practice of constitutionalism. In this regard, I am of the view that judicial review is such a mechanism. The objective of the study is to find out whether there is a link between judicial review and constitutionalism; and if so, whether judicial review ...
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.
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
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 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.
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
Professor Rosalind Dixon presents an engaging analysis of the theory of judicial review in Responsive Judicial Review — Democracy and Dysfunction in the Modern Age. Dixon's work is the intellectual successor to John Hart Ely's Democracy and Distrust,1 which envisaged judicial review in the United States as a constitutional necessity to ...
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.
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 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 ...
The research identified the following areas in the Judicial Review system that are lagging behind in terms of operational status: the inadequacy of the available remedies, archaic grounds for review, the lack of express constitutional recognition of the High Court's power of review and the lack of local legislation to govern the procedural and ...
India practices constitutional democracy with emphasis on constitutionalism. The judiciary protects the Constitution and the rights of the citizens from arbitrary actions of the legislature and Executive for which the judiciary has assumed the onerous role of a watchdog of the Constitution. This paper discusses in detail about the origin and evolution of Judicial Review, and the process of ...
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.
30TH NOVEMBER, 2016 ABSTRACT. As the topic suggests, Transformation of Judicial Review in Kenya under the 2010 Constitution is a discourse on the changed approach to judicial review arising from the promulgation of the Constitution of Kenya, 2010. The research is informed by the problem that despite the promulgation of the Constitution ...
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 Madras. Department of Legal Studies.
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 ...
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
The central thesis of the article is the normative literature about judicial review will remain impoverished until it takes account of the positive scholarship. Ought implies can; much of the ...
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 dissertation aimed at examining judicial review of administrative actions in Nigeria. Judicial review is the power of a court to examine the acts of the other branches of government, lower courts, public or administrative authorities and uphold them or invalidate them as may be necessary in line with the relevant constitutional provisions ...
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.