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Articles 1 - 9 of 9
Full-Text Articles in International Law
Transatlantic Perspective On Judicial Deference In Administrative Law, Maciej Bernatt
Transatlantic Perspective On Judicial Deference In Administrative Law, Maciej Bernatt
Maciej Bernatt
The U.S. concept of judicial deference in administrative law limits the scope of judicial review of administrative agencies’ actions in the light of agencies’ superior expertise and separation of powers arguments. It may serve as an interesting point of reference for the European discussion about adequate institutional balance between administration and courts. The paper analyzes whether there are grounds for the validity of the concept of judicial deference in Continental Europe and in what areas (law, facts or both). As a starting point it is observed that it remains generally accepted in Europe that it is a role of courts …
Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin
Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin
Craig Martin
This article develops an argument for increased constitutional control over the decision to use armed force or engage in armed conflict, as a means of reducing the incidence of illegitimate armed conflict. In particular, the Model would involve three elements: a process-based constitutional incorporation of the principles of international law relating to the use of force (the jus ad bellum regime); a constitutional requirement that the legislature approve any use of force rising above a de minimus level; and an explicit provision for limited judicial review of the decision-making process. The Model is not designed with any one country in …
Marbury V. Madison And Its Impact On Israeli Constitutional Law, Yoram Rabin, Arnon Gutfel
Marbury V. Madison And Its Impact On Israeli Constitutional Law, Yoram Rabin, Arnon Gutfel
University of Miami International and Comparative Law Review
No abstract provided.
Judicial Review And United States Supreme Court Citations To Foreign And International Law, Ronald A. Brand
Judicial Review And United States Supreme Court Citations To Foreign And International Law, Ronald A. Brand
Articles
Recent decisions by the United States Supreme Court and extracurricular discussions between some of the Justices have fueled a debate regarding whether and when it is appropriate for the Court to make reference to foreign law in cases involving the interpretation and application of the United States Constitution. This debate has, to some extent, paralleled the argument over whether the Constitution is best interpreted by looking at the intent of the original drafters - an originalist approach - or by considering it to be a "living" document that must be interpreted to take account of contemporary realities. This article considers …
Light From The Trees: The Story Of Minors Oposa And The Russian Forest Cases , Oliver Austin Houck
Light From The Trees: The Story Of Minors Oposa And The Russian Forest Cases , Oliver Austin Houck
ExpressO
This article describes two lawsuits in the late twentieth century that changed their countries in ways from which there will be no return. One took place in the Philippines, emerging from the reign of Fernando Marcos, and the other in Russia, following a near century of communist rule. They have two things in common. They declared the rights of their citizens to challenge, and reverse, government decisions. And they were about the environment, more particularly, trees. What we learn is that notions of environmental protection, citizen enforcement and judicial review have traveled the world and that, in differing legal systems, …
Fig Leaves, Fairytales, And Constitutional Foundations: Debating Judicial Review In Britain, Lori A. Ringhand
Fig Leaves, Fairytales, And Constitutional Foundations: Debating Judicial Review In Britain, Lori A. Ringhand
Scholarly Works
This paper examines an ongoing debate about the origins and legitimacy of judicial review as practiced in Britain. I begin by examining how British law traditionally has attempted to justify judicial review of governmental actions. I then discuss how that orthodox view has been challenged, and how the proponents of the orthodoxy responded to that challenge. In doing so, I explain how the British debate has evolved into a far-reaching examination of the role of interpretive methodologies in legitimating judicial power. I conclude by exploring how the richness and depth of the British discussion can inform the larger debate about …
Deportation Of Criminal Aliens And The Termination Of Judicial Review By The Anti-Terrorism And Effective Death Penalty Act Of 1996, Orville Mckenzie
Deportation Of Criminal Aliens And The Termination Of Judicial Review By The Anti-Terrorism And Effective Death Penalty Act Of 1996, Orville Mckenzie
ILSA Journal of International & Comparative Law
Perhaps the most intellectually challenging legal question which has baffled jurists might have been answered by the Anti-Terrorism and Effective Death Penalty Act of 1996.' It is the question of whether Congress has the power to eliminate all the subject matter jurisdiction of article III courts.
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
LLM Theses and Essays
The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …
The Constitutional Court: A Bulgarian Response To Obsolescent Law, David A. Levy
The Constitutional Court: A Bulgarian Response To Obsolescent Law, David A. Levy
University of Miami International and Comparative Law Review
No abstract provided.