Judicial Separation in UK Law
- Judicial Separation: A Research Study
- Involuntary Detention and the Separation of Judicial Power
- The Choice between Judicial and Administrative Tribunals and the Separation of Powers
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Proportionality and the Separation of Powers in Constitutional Review: Examining the Role of Judicial Deference
The High Court's tentative moves toward adopting structured proportionality as a method of constitutional review have been hampered by concerns about the separation of powers. This article argues t...
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Re Roy Edward Hegarty and ORS; Ex Parte the Corporation of the City of Salisbury1
Constitutional Law — Separation of Judicial Power — Constitution s. 51(xxxv) — Dispute as to classification of employee under Commonwealth Award — Whether dispute extends beyond the limits of any o...... ... THE CORPORATION OF THE CITY OF SALISBURYl Constitutional Law -Separation of Judicial Power -Constitution s. 5J(xxxv) -Dispute as to ... ...
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The Curious Incident of Trump and the Courts: Interbranch Deference in an Age of Populism
Given President Donald Trump's generally non-deferential posture towards national political and governing institutions, why hasn't his administration produced greater tension with respect to judges...... ... tension with respect to judges, courts, and established norms of judicial independence? Increased politicization of the judiciary, deepening ... Independence, Judicial Politics, Partisanship, Populism, Separation of Powers, Trump ... CONTENTS ... I. The Recent Context of Interbranch ... ...
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Judges and Politics: The Parliamentary Contributions of the Law Lords 1876–2009
There is a common perception that, prior to the exclusion of serving judges from the House of Lords in 2009, a ‘politics convention’ operated which required judges to avoid party‐political controve...... ... esence of the Law Lords in parliament prior to 2009 presented a judicial independence and separation of powers problem in theory only ... An ... ...
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A majoritarian basis for judicial countermajoritarianism
Judicial protection of disfavored minorities against oppressive legislation in majoritarian separation-of-power systems raises a puzzle: Why don’t legislative majorities enacting discriminatory leg...... ... , Texas A&M University , USA Abstract Judicial protection of disfa vored minorities against oppr essive legislation in majoritarian separation-of-power systems rai ses a puzzle: Why don’ t legislative majorities enacting dis crimina- tory legislation curb judicial power when judgesuse ... ...
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The Constitution’s Guarantee of Legal Accountability for Jurisdictions
This article argues that the Constitution’s entrenched provision for judicial review may be understood as a guarantee of legal accountability for a specific class of governmental powers, namely, po...... ... argues that the Constitution ’ s entrenched provision for judicial review may be un- derstood as a guarantee of legal accountability for a ... discrimen between executive and judicial power that underpins a separation of powers rationale for entrenched review of Commonwealt h executive ... ...
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Weak and Strong-Form Review: The Incurable Judicial Mistake of Striking Down and Refusing to Recognise Primary Legislation
This paper covers the deplorability of the strong-form version of judicial review, focusing on both the commonwealth and American jurisdictions, engaging a critical analysis of the action of judges...... ... , function as strong-form systems in application, preferring the strong-form judicial supremacy towards primary legislation and the blurred separation of powers it entails ... Introduction ... t is central to those universal political institutions entrusted with maintaining the principles of ... ...
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