Constitutionalism Human Rights Separation Of Powers

Author: G. M. Pikis
Publisher: Martinus Nijhoff Publishers
ISBN: 9004152415
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The ultimate guardian of this order is the Judiciary, in whose power it should be
to declare laws, acts or omissions contrary to it unconstitutional. 12. IV. The.
Domain. of. the. Judiciary. The interpretation of law is the exclusive province of
the Judiciary. The Legislature makes the law but has no right to interpret it. An
attempt to do so was struck down as unconstitutional in Diagoras Development
Ltd. v. National Bank of Greece S.A. (1985) 1 C.L.R. 581 (CA) (majority decision)
227. Certainty ...

The New Zealand Law Journal

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LAWASIA 1993 Colombo Conference The judiciary: The guardian of the people
Human rights aspects of constitutionalism By Justice R D Nicholson of the
Supreme Court of Western Australia In considering the role of the judiciary, the
author emphasises the priority of the principle of independence. In looking at
human rights issues in the judicial system, Justice Nicholson raises the question
of judicial activism. He agrees with Kirby P that in this area care must be taken.
His conclusion ...

The Paradox Of Constitutionalism

Author: Martin Loughlin
Publisher: Oxford University Press, USA
ISBN: 9780199204960
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On the other hand, we have liberal constitutionalism, which on both Loughlin's
and Tomkins's account is a hopelessly naive doctrine of judicial supremacism. ...
In a book published with Keith Ewing in 2000, he argued that parliament and not
the courts had been the true guardian of the rule of law and human rights from
1914 — 45.21 More recently, Gearty argues that the Human Rights Act is a
progressive step as long as judges exercise appropriate restraint by recognizing
the limits of ...

The Promise Of Human Rights

Author: Jamie Mayerfeld
Publisher: University of Pennsylvania Press
ISBN: 0812248163
Size: 50.77 MB
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The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.

Constitutionalism And Human Rights

Author: Kenneth W. Thompson
Publisher: Univ Pr of Amer
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American constitutionalism fused together with the Roman system of law. The
influence of American institutions on European countries developed differently.
Some of those countries accepted the idea of judicial review just before World
War I. Earlier, the problem of protection of the constitution was not seen as a
fundamental problem. A reference to judicial review appeared as early as the mid
-19th century in the decisions of Greek courts, at the end of that century in
Norwegian courts, ...

Endangered Guardians

Author: Donald V. Weatherman
Publisher: Rowman & Littlefield Publishers
Size: 76.25 MB
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Roosevelt argued that Buchanan's constitutionalism "attempted to fit human
rights to, and limit them by, the Constitution"; such misuse "upheld the
Constitution as an instrument for the protection of privilege and of vested wrong."
False constitutionalism of this kind is unworthy of the name. ... 18 So it was not
constitutions that reinforced the reactionary elements in America during his day, it
was the judges who interpreted the constitutions. The solution to the problem of
constitutional ...

Constitutionalism And Political Reconstruction

Author: Saïd Amir Arjomand
Publisher: BRILL
ISBN: 9004151745
Size: 30.59 MB
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This book offers a unique interdisciplinary comparison of the dominant trends in constitutional developments and legal change across different regions of the world in the last half century, bringing together the constitution-making of the ...

The European Union As An Actor In International Relations

Author: Enzo Cannizaro
Publisher: Kluwer Law International
ISBN: 9041117717
Size: 67.21 MB
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Chapters V and VI explain why human rights and "multi-level constitutionalism"
offer the most effective strategies for promoting more respect for international law
by the European Community (EC) as well as greater democratic legitimacy of EU
law. ... vigilance of EU citizens to defend their human rights and popular
sovereignty against abuses of EU powers, cooperation between national and
European judges, and willingness of national judges to act as subsidiary
guardians of national ...

Constitutional Violence Legitimacy Democracy And Human Rights

Author: Antoni Abat i Ninet
Publisher: Edinburgh University Press
ISBN: 074867537X
Size: 41.65 MB
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Whereas the object of interest of this book is really related to this literature, at its
heart it focuses on a different premise: textual and enforced constitutional
violence. The democratising political reform of Solon that affected the guardians
of the constitution and its undemocratic character is a good example of the
struggles between aristocracy and democracy. A search for harmony between
these two clashing commitments — the ideal of government constrained by law ('
constitutionalism') ...