Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Entire DC Network
Harmonizing Through Judicial Review: Statutory Interpretation And Participation In Sub-Arctic Resource Management, Sari M. Graben
Harmonizing Through Judicial Review: Statutory Interpretation And Participation In Sub-Arctic Resource Management, Sari M. Graben
Comparative Research in Law & Political Economy
This article describes how statutory interpretation by the courts can impact the effectiveness of co-management initiatives in Canada. Canada has recently undertaken a massive restructuring of the administrative regimes that license and permit resource development across the country to better incorporate Indigenous participation. These co-management boards now take part in governing resource use across Canada and most recognizably in parts of British Columbia, the Yukon Territories, the Northwest Territories and Nunavut. Nevertheless, the degree to which Indigenous participation may impact the regulatory output of co-management boards remains uncertain in law. This article uses one co-management statute in Canada, the Mackenzie …
A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek
A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek
Comparative Research in Law & Political Economy
The explosion of scholarship in comparative constitutional law in the last decade tends to overshadow the traditional suspicion that comparative law exhibited towards public law. For the greater part of the 20th century, the dominant paradigm in comparative public law was particularism and strong skepticism towards universalist features and possibilities in public law, especially constitutional law. With the rise of judicial review after World War II and especially in Eastern Europe after the collapse of the Soviet Union, comparative judicial review has begun to flourish. This paper is a comment on a paper by Professor Miguel Schor entitled "Mapping Comparative …
Mapping Comparative Judicial Review, Miguel Schor
Mapping Comparative Judicial Review, Miguel Schor
Comparative Research in Law & Political Economy
This Article explores the questions scholars ask about comparative constitutional judicial review and critically assesses the answers they provide. Scholars ask three, interrelated questions: (i) why has judicial review (almost) conquered democracy, (ii) whether empowering courts to construe constitutions has a democratic pay-off, and (iii) how best to make sense of the variation that judicial review exhibits around the world. The Article makes two principal conclusions. First, our scholarly maps of judicial review have for too long viewed the world through the prism of the exceptional American Supreme Court. Our understanding of judicial review would be improved if our maps …