书目名称 | Judicial Review of Legislation |
副标题 | A Comparative Study |
编辑 | Gerhard van der Schyff |
视频video | |
概述 | The most extensive study of the recent attempts to allow the consitutional review.The first study to compare the United Kingdom, the Netherlands and South Africa.Links the justification of constitutio |
丛书名称 | Ius Gentium: Comparative Perspectives on Law and Justice |
图书封面 |  |
描述 | Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal |
出版日期 | Book 2010 |
关键词 | Comparative Constitutional Law; Constitution of South; Constitutionalism; Judicial; Judicial review; Judi |
版次 | 1 |
doi | https://doi.org/10.1007/978-90-481-9002-7 |
isbn_softcover | 978-94-007-2399-3 |
isbn_ebook | 978-90-481-9002-7Series ISSN 1534-6781 Series E-ISSN 2214-9902 |
issn_series | 1534-6781 |
copyright | Springer Science+Business Media B.V. 2010 |