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Full-Text Articles in Law
Judicial Review Under A British War Powers Act, David Jenkins
Judicial Review Under A British War Powers Act, David Jenkins
Vanderbilt Journal of Transnational Law
This Article considers how U.K courts might exercise review under a hypothetical British "war powers act," in the event that the current Labour Government or an incoming Tory one responds to calls to reform the Royal War Prerogative and Parliament passes such a statute. The Article undertakes a comparative study, analyzing how U.S. courts apply the political question doctrine in war powers cases. It suggests that they apply the doctrine in a way that assesses the justiciability of the particular subject matter of a case, thereby supporting deference to the political branches in most war powers cases without foreclosing review …
Structural Guarantees - The Union's Last Best Hope Against National Arbitrariness, Angelica Ericsson
Structural Guarantees - The Union's Last Best Hope Against National Arbitrariness, Angelica Ericsson
Angelica Ericsson
In line with current tendencies of ‘new governance’, this article will introduce a novel judicial tool which strikes a balance between the respect for national assessments and the effective implementation of Union law.This balance can be struck through the demands of structural guarantees; administrative safeguards, which weed out arbitrary national decision-making. The provision of transparent and accessible legislation, administrative procedures based on objective criteria, as well as the access to effective judicial review are all specific examples of structural guarantees. Together they create a system of checks to prevent discretion from turning into arbitrariness. All of these demands are ultimately …