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Judicial Review of Legislation

Condition: BRAND NEW
ISBN: 9789400723993
Author(s): Gerhard Van der Schyff
Format: Paperback
Year: 2011
Edition: 2010th
Publisher: Springer
Dimensions: 156 x 13 x 234 (w x l x h)
Pages: 230
Series: Ius Gentium: Comparative Perspectives on Law and Justice
Series Number: 5

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Description:
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 wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Righ Please click here to ask a question
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