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A Standards-Based Theory Of Judicial Review And The Rule Of Law, Sidney A. Shapiro
A Standards-Based Theory Of Judicial Review And The Rule Of Law, Sidney A. Shapiro
ExpressO
The constitutionality of legislative preclusion of judicial review has received considerable attention from constitutional and administrative law scholars. We join this debate by proposing a new approach: a standards-based theory of judicial review based on two fundamental principles. First, whenever government officials make decisions involving the application of legal standards, the rule of law – and hence the rule of law safeguards of due process and judicial review – attach. Second, with the exception of those cases in which the Constitution itself contemplates standardless official discretion, legislative delegations of authority to government actors must contain legal standards that guide and …
The Dual Model Of Balancing: A Model For The Proper Scope Of Balancing In Constitutional Law, Iddo Porat
The Dual Model Of Balancing: A Model For The Proper Scope Of Balancing In Constitutional Law, Iddo Porat
ExpressO
One of the most pressing problems of current constitutional law in the aftermath of September 11 is how to balance constitutional rights and national security interests. No one however seems to pause and ask should we balance individual rights and national security interests and if so when. One of the reasons for this is the widespread acceptance of what I shall term in this Article, the balancing consciousness: the view that every problem can and should be solved through balancing conflicting considerations. This Article demonstrates that the balancing consciousness is misleading. Not every problem can and should be solved through …
Constitutional Crisis Over The Proposed Supreme Court For The United Kingdom, Peter L. Fitzgerald
Constitutional Crisis Over The Proposed Supreme Court For The United Kingdom, Peter L. Fitzgerald
ExpressO
No abstract provided.