International Judicial Review
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Author | : Shai Dothan |
Publisher | : Cambridge University Press |
Total Pages | : 173 |
Release | : 2020-03-05 |
Genre | : Law |
ISBN | : 1108488765 |
Download International Judicial Review Book in PDF, Epub and Kindle
The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.
Author | : Shai Dothan |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2022-01-06 |
Genre | : Law |
ISBN | : 9781108738828 |
Download International Judicial Review Book in PDF, Epub and Kindle
This book is motivated by a question: when should international courts intervene in domestic affairs? To answer this question thoroughly, the book is broken down into a series of separate inquiries: when is intervention legitimate? When can international courts identify good legal solutions? When will intervention initiate useful processes? When will it lead to good outcomes? These inquiries are answered based on reviewing judgments of international courts, strategic analysis, and empirical findings. The book outlines under which conditions intervention by international courts is recommended and evaluates the implications that international courts have on society.
Author | : Kaiyan Homi Kaikobad |
Publisher | : BRILL |
Total Pages | : 383 |
Release | : 2021-10-18 |
Genre | : Law |
ISBN | : 900448101X |
Download The International Court of Justice and Judicial Review Book in PDF, Epub and Kindle
This monograph provides an extensive analysis of the powers of judicial review exercised by the International Court of Justice with respect to judgments of the Administrative Tribunals of the International Labour Organization and the United Nations. The grounds on which these judgments can be challenged include excess jurisdiction, procedural errors and errors of law relative to the Charter of the United Nations. The system, however, suffers from a number of difficulties, including lack of procedural equality, the propriety of employing the Court's advisory jurisdiction in employer-employee disputes, and the nature of the activities of the Review Committee of the General Assembly. These problems are examined with a view to shedding light on the nature, scope and extent of the Court's powers of judicial review. The main study is preceded by an exhaustive survey of the genesis of the review system established by the Statutes of these Tribunals. Included also in this volume is an account of the informal and rudimentary judicial review arrangement the Court enjoys by way of its advisory and contentious jurisdiction with respect to institutional action other than that of UNAT and ILOAT judgments. When in 1995 the General Assembly abolished the UNAT review system, various considerations were in the forefront: a detailed survey of which is provided in the penultimate part of the book. Several significant themes are explored in the concluding chapter. These include issues dealing with the motivation for establishing the review system, the divisions within the Court and possible reform, as opposed to abolition, of the system.
Author | : Christina Voigt |
Publisher | : Cambridge University Press |
Total Pages | : 505 |
Release | : 2019-04-18 |
Genre | : Law |
ISBN | : 1108497179 |
Download International Judicial Practice on the Environment Book in PDF, Epub and Kindle
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Author | : Mauro Cappelletti |
Publisher | : |
Total Pages | : 144 |
Release | : 1971 |
Genre | : Judicial review |
ISBN | : |
Download Judicial Review in the Contemporary World Book in PDF, Epub and Kindle
Author | : Theresa Squatrito |
Publisher | : Cambridge University Press |
Total Pages | : 471 |
Release | : 2018-04-05 |
Genre | : Law |
ISBN | : 1108425690 |
Download The Performance of International Courts and Tribunals Book in PDF, Epub and Kindle
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author | : Nienke Grossman |
Publisher | : Cambridge University Press |
Total Pages | : 397 |
Release | : 2018-02-22 |
Genre | : Law |
ISBN | : 1108540228 |
Download Legitimacy and International Courts Book in PDF, Epub and Kindle
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Author | : Kaiyan Kaikobad |
Publisher | : Springer |
Total Pages | : 392 |
Release | : 2000-09-28 |
Genre | : Law |
ISBN | : |
Download The International Court of Justice and Judicial Review:A Study of the Court's Powers with Respect to Judgments of the ILO and UN Administrative Tribunals Book in PDF, Epub and Kindle
"A study of the court's powers with respect to judgments of the ILO and UN administrative tribunals."--T.p.
Author | : Gordon Slynn Baron Slynn of Hadley |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 544 |
Release | : 2000-01-01 |
Genre | : Law |
ISBN | : 9041113789 |
Download Judicial Review in International Perspective Book in PDF, Epub and Kindle
Lord Slynn of Hadley is one of the outstanding judges of his time. He has served as a High Court Judge, as an Advocate General and a Judge of the European Court of Justice, and he has been a Lord of Appeal for ten years. This Liber Amicorum bears testimony to the international reputation that he has achieved for his judgments and for his scholarship. In the many distinguished contributions, judges from international courts and from Supreme Courts and Constitutional Courts, together with academics from leading universities around the world, have taken the opportunity to celebrate the accomplishments of Lord Slynn's legal career thus far, and also to discuss areas of law where Lord Slynn can be expected to give important impulses to further development. `Mr Gordon Slynn was outstanding. The best I have ever known. He will go far.' Lord Denning, Master of the Rolls, 1980.
Author | : David M. Beatty |
Publisher | : BRILL |
Total Pages | : 374 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004479406 |
Download Human Rights and Judicial Review: A Comparative Perspective Book in PDF, Epub and Kindle
Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.