Currie 9 (2002)
... judicial review. ii. Establishes judicial review of executive/administrative actions (dicta) 1. Marbury has right to commission—right is vested b/c “all that had to be done was done.” a. But what about delivery; e.g., for a deed to be effective, it has to be signed, sealed, and delivered? 2. Sec’y o ...
... judicial review. ii. Establishes judicial review of executive/administrative actions (dicta) 1. Marbury has right to commission—right is vested b/c “all that had to be done was done.” a. But what about delivery; e.g., for a deed to be effective, it has to be signed, sealed, and delivered? 2. Sec’y o ...
The Saga of Wiretapping in France
... Copyright 1993, by LOUISINA LAW RIViMW. Professor of Law, University of Maryland School of Law. I should like to thank Andrew Bagley, class of 1994 at the University of Maryland School of Law, for his ...
... Copyright 1993, by LOUISINA LAW RIViMW. Professor of Law, University of Maryland School of Law. I should like to thank Andrew Bagley, class of 1994 at the University of Maryland School of Law, for his ...
The Rise and Fall of Judicial Self-Restraint
... supportive of type (3) restraint rather than in inventing it) had gone so far as to say a law should be invalidated only if its unconstitutionality was clear “beyond a reasonable doubt,” 7 which is an even stricter standard than clear error or unreasonableness. Thayer’s test of “not open to rational ...
... supportive of type (3) restraint rather than in inventing it) had gone so far as to say a law should be invalidated only if its unconstitutionality was clear “beyond a reasonable doubt,” 7 which is an even stricter standard than clear error or unreasonableness. Thayer’s test of “not open to rational ...
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... BANK OF GHANA & ANOR [2011] 1 SCGLR 378I wherein their Lordships noted in emphatic terms that: “Although I agree that a Court cannot conduct its business without a code of procedure, I think that the relation of rules of practice to the work of justice is intended to be that of a handmaid rather tha ...
... BANK OF GHANA & ANOR [2011] 1 SCGLR 378I wherein their Lordships noted in emphatic terms that: “Although I agree that a Court cannot conduct its business without a code of procedure, I think that the relation of rules of practice to the work of justice is intended to be that of a handmaid rather tha ...
Baker V State and the Promise of the New Judicial Federalism
... ment that the exclusion of same-sex couples from eligibility for a marriage license violated their "right to the common benefits, and protection of the law guaranteed by Chapter I, Article 7 of the Vermont Constitution."28 The plaintiffs maintained that, in denying them access to a marriage license, ...
... ment that the exclusion of same-sex couples from eligibility for a marriage license violated their "right to the common benefits, and protection of the law guaranteed by Chapter I, Article 7 of the Vermont Constitution."28 The plaintiffs maintained that, in denying them access to a marriage license, ...
Hallows Lecture - Marquette Law Scholarly Commons
... speech to families (or at least names) that do not exist. Although it * Judge, U.S. Court of Appeals for the Sixth Circuit. This article is an edited version of Marquette University Law School’s 2012 Hallows Lecture. The lecture annually remembers E. Harold Hallows, who served on the Wisconsin Supre ...
... speech to families (or at least names) that do not exist. Although it * Judge, U.S. Court of Appeals for the Sixth Circuit. This article is an edited version of Marquette University Law School’s 2012 Hallows Lecture. The lecture annually remembers E. Harold Hallows, who served on the Wisconsin Supre ...
The Democratic Character of Judicial Review
... parts of the state itself, against encroachments from any source. The root idea of the Constitution is that man can be free because the state is not. The power of constitutional review, to be exercised by some part of the government, is implicit in the conception of a written constitution delegating ...
... parts of the state itself, against encroachments from any source. The root idea of the Constitution is that man can be free because the state is not. The power of constitutional review, to be exercised by some part of the government, is implicit in the conception of a written constitution delegating ...
- Chanakya IAS Academy
... Topic: Indian polity. Constitution, Governance, judiciary, Judicial Review , Judicial Activism, Judicial Overreach. Intro: The Supreme Court‟s ruling that the national anthem should be played in all cinema halls and that everyone should stand up to show respect to it is wrong in many ways. In the fi ...
... Topic: Indian polity. Constitution, Governance, judiciary, Judicial Review , Judicial Activism, Judicial Overreach. Intro: The Supreme Court‟s ruling that the national anthem should be played in all cinema halls and that everyone should stand up to show respect to it is wrong in many ways. In the fi ...
INTERNATIONAL ASSOCIATION OF LAW SCHOOLS (IALS
... whether it is seen to be the product of what might be called the ‘good’ justifications set out above, or rather of some less attractive personality traits such as arrogance, stubbornness, or self-indulgence. Balancing competing goals in our constitutional ecosystems In truth, the tension between col ...
... whether it is seen to be the product of what might be called the ‘good’ justifications set out above, or rather of some less attractive personality traits such as arrogance, stubbornness, or self-indulgence. Balancing competing goals in our constitutional ecosystems In truth, the tension between col ...
4.19: Judicial Activism /Judicial Restraint
... In the area of Constitutional Law, a judicially restrained judge will first look to the language of the Constitution for guidance. Should the language be unclear, the judge would try to define the intent of the Framers of the Constitution in order to decide how best to apply that intent. Finally, if ...
... In the area of Constitutional Law, a judicially restrained judge will first look to the language of the Constitution for guidance. Should the language be unclear, the judge would try to define the intent of the Framers of the Constitution in order to decide how best to apply that intent. Finally, if ...
SIX BASIC PRINCIPLES OF THE UNITED STATES CONSTITUTION
... Executive Branch – President appoints Supreme Court justices, President can veto Congressional legislation ...
... Executive Branch – President appoints Supreme Court justices, President can veto Congressional legislation ...
Exclusion of judicial review in Singapore law
Exclusion of judicial review has been attempted by the Parliament of Singapore to protect the exercise of executive power. Typically, this has been done though the insertion of finality or total ouster clauses into Acts of Parliament, or by wording powers conferred by Acts on decision-makers subjectively. Finality clauses are generally viewed restrictively by courts in the United Kingdom. The courts there have taken the view that such clauses are, subject to some exceptions, not effective in denying or restricting the extent to which the courts are able to exercise judicial review. In contrast, Singapore cases suggest that ouster clauses cannot prevent the High Court from exercising supervisory jurisdiction over the exercise of executive power where authorities have committed jurisdictional errors of law, but are effective against non-jurisdictional errors of law.A partial ouster or time limit clause specifies a restricted period, after which no remedy will be available. Such clauses are generally effective, unless the public authority has acted in bad faith. Similarly, the existence of bad faith entitles applicants to challenge decisions of authorities despite the existence of statutory provisions declaring such decisions to be conclusive evidence of certain facts. In the absence of bad faith, the courts will enforce conclusive evidence clauses.In general, subjectively worded powers are also viewed restrictively by the Singapore courts. In Chng Suan Tze v. Minister for Home Affairs (1988), the Court of Appeal took the view that an objective test applied to the exercise of discretion conferred by the Internal Security Act (Cap. 143, 1985 Rev. Ed.) (""ISA"") on the President and the Minister for Home Affairs concerning the detention without trial of persons thought to be a risk to national security. Hence, the jurisdiction of the High Court was not completely ousted, and it could objectively examine whether the relevant decision-makers had exercised their powers properly. However, legislative amendments to the ISA in 1989 reversed the effect of Chng Suan Tze by mandating that the courts are to apply a subjective test to the exercise of the discretion, and by excluding judicial review except where there is doubt whether the procedures set out in the Act were adhered to. Nevertheless, the subjective test is only applicable in the context of the ISA, and the rule that an objective test applies to subjectively worded powers continues to apply where statutes other than the ISA are concerned.