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Ius Gentium: Comparative Perspectives on Law and Justice #5: Judicial Review of Legislation: A Comparative Study of the United Kingdom, the Netherlands and South Africa

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Ius Gentium: Comparative Perspectives on Law and Justice #5: Judicial Review of Legislation: A Comparative Study of the United Kingdom, the Netherlands and South Africa Cover

 

Synopses & Reviews

Publisher Comments:

Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review's justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.

Synopsis:

This book compares the judicial review of legislation in the United Kingdom, the Netherlands and the South African constitution of 1996, probing the justification and scope of review, to reveal the influences and practical matters of design and scope.

Table of Contents

Foreword.- Acknowledgement.- Chapter 1 Setting the scene.- Chapter 2 Three systems of judicial review.- Chapter 3 Judicial review and democracy.- Chapter 4 For a of review.- Chapter 5 Modalities of review.- Chapter 6 Content of review.- Chapter 7 Consequences of review.- Chapter 8 Constitutionalism personified.- Bibliography.

Product Details

ISBN:
9789400723993
Author:
Van Der Schyff, Gerhard
Publisher:
Springer
Author:
Gerhard van der Schyff
Subject:
Reference
Subject:
comparative constitutional law
Subject:
Comparative law
Subject:
Constitunional Law
Subject:
Constitution of South Africa
Subject:
Constitutionalism
Subject:
Democracy
Subject:
Dutch Civil Lliberties
Subject:
Fundamental rights
Subject:
Halsema Proposal
Subject:
International law
Subject:
International norms
Subject:
Judicial
Subject:
Judicial accountability
Subject:
Judicial review
Subject:
Judicial review of legislation
Subject:
Legislation
Subject:
Modern societies
Subject:
Netherlands Civil Lliberties
Subject:
Parliament
Subject:
Parliamentary sovereignty
Subject:
Protecting political minorities
Subject:
Public law
Subject:
Restricted democracy
Subject:
South Africa Civil Liberties
Subject:
State Power
Subject:
Treaty review
Subject:
UK Civil Liberties
Subject:
Philosophy of Law
Subject:
International & Foreign Law/Comparative Law
Subject:
Philosophy : General
Subject:
Private International Law, International & Foreign Law, Comparative Law
Copyright:
Edition Description:
2010
Series:
Ius Gentium: Comparative Perspectives on Law and Justice
Series Volume:
5
Publication Date:
20110829
Binding:
TRADE PAPER
Language:
English
Pages:
230
Dimensions:
235 x 155 mm

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Ius Gentium: Comparative Perspectives on Law and Justice #5: Judicial Review of Legislation: A Comparative Study of the United Kingdom, the Netherlands and South Africa New Trade Paper
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Product details 230 pages Springer - English 9789400723993 Reviews:
"Synopsis" by , This book compares the judicial review of legislation in the United Kingdom, the Netherlands and the South African constitution of 1996, probing the justification and scope of review, to reveal the influences and practical matters of design and scope.
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