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Articles 1 - 4 of 4
Full-Text Articles in Judges
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Michigan Law Review
In this Article, I explore the question of why constitutional review, but not American judicial review, spread across Europe. I will also argue that, despite obvious organic differences between the American and European systems of review, there is an increasing convergence in how review actually operates. I proceed as follows. In Part I, I examine the debate on establishing judicial review in Europe, focusing on the French. In Parts II and III, I contrast the European and the American models of review, and briefly discuss why the Kelsenian constitutional court diffused across Europe. In Part IV, I argue that despite …
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
Duty Of Care To The Intoxicated: The Irish Approach, Mary Drennan
San Diego International Law Journal
This Article examines whether the relationship between publican and patron should or should not produce such an obligation. It also addresses the possible defenses to such a claim in the tort of negligence. Finally, as the matter is not a settled point of Irish law, this Article also attempts to assess the potential approach of its courts, in view of the approach taken by the English courts to the issue and the flurry of academic comment in the wake of a recent Irish settlement. These issues are certain to surface in litigation again. Regardless of the approach taken by the …
The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann
The Arrival Of Judicial Review In Germany Under The Weimar Constitution Of 1919, Bernd J. Hartmann
Brigham Young University Journal of Public Law
No abstract provided.
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak
Michigan Law Review
While American scholars and judges generally assume that it is beneficial to insulate courts from politics, Jennifer Widner offers a contrasting perspective from another region of the world. In Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa, Widner examines the role of courts and judicial review in democratization in Africa. She focuses on the role of one judge, a man who would see himself as embodying a role in Tanzania similar to that of Chief Justice John Marshall in the United States. Francis Nyalali, Chief Justice of the High Court of Tanzania, worked …