• Search Menu

Sign in through your institution

  • Browse content in Arts and Humanities
  • Browse content in Archaeology
  • Anglo-Saxon and Medieval Archaeology
  • Archaeological Methodology and Techniques
  • Archaeology by Region
  • Archaeology of Religion
  • Archaeology of Trade and Exchange
  • Biblical Archaeology
  • Contemporary and Public Archaeology
  • Environmental Archaeology
  • Historical Archaeology
  • History and Theory of Archaeology
  • Industrial Archaeology
  • Landscape Archaeology
  • Mortuary Archaeology
  • Prehistoric Archaeology
  • Underwater Archaeology
  • Urban Archaeology
  • Zooarchaeology
  • Browse content in Architecture
  • Architectural Structure and Design
  • History of Architecture
  • Residential and Domestic Buildings
  • Theory of Architecture
  • Browse content in Art
  • Art Subjects and Themes
  • History of Art
  • Industrial and Commercial Art
  • Theory of Art
  • Biographical Studies
  • Byzantine Studies
  • Browse content in Classical Studies
  • Classical History
  • Classical Philosophy
  • Classical Mythology
  • Classical Literature
  • Classical Reception
  • Classical Art and Architecture
  • Classical Oratory and Rhetoric
  • Greek and Roman Epigraphy
  • Greek and Roman Law
  • Greek and Roman Archaeology
  • Greek and Roman Papyrology
  • Late Antiquity
  • Religion in the Ancient World
  • Digital Humanities
  • Browse content in History
  • Colonialism and Imperialism
  • Diplomatic History
  • Environmental History
  • Genealogy, Heraldry, Names, and Honours
  • Genocide and Ethnic Cleansing
  • Historical Geography
  • History by Period
  • History of Agriculture
  • History of Education
  • History of Emotions
  • History of Gender and Sexuality
  • Industrial History
  • Intellectual History
  • International History
  • Labour History
  • Legal and Constitutional History
  • Local and Family History
  • Maritime History
  • Military History
  • National Liberation and Post-Colonialism
  • Oral History
  • Political History
  • Public History
  • Regional and National History
  • Revolutions and Rebellions
  • Slavery and Abolition of Slavery
  • Social and Cultural History
  • Theory, Methods, and Historiography
  • Urban History
  • World History
  • Browse content in Language Teaching and Learning
  • Language Learning (Specific Skills)
  • Language Teaching Theory and Methods
  • Browse content in Linguistics
  • Applied Linguistics
  • Cognitive Linguistics
  • Computational Linguistics
  • Forensic Linguistics
  • Grammar, Syntax and Morphology
  • Historical and Diachronic Linguistics
  • History of English
  • Language Acquisition
  • Language Variation
  • Language Families
  • Language Evolution
  • Language Reference
  • Lexicography
  • Linguistic Theories
  • Linguistic Typology
  • Linguistic Anthropology
  • Phonetics and Phonology
  • Psycholinguistics
  • Sociolinguistics
  • Translation and Interpretation
  • Writing Systems
  • Browse content in Literature
  • Bibliography
  • Children's Literature Studies
  • Literary Studies (Asian)
  • Literary Studies (European)
  • Literary Studies (Eco-criticism)
  • Literary Studies (Modernism)
  • Literary Studies (Romanticism)
  • Literary Studies (American)
  • Literary Studies - World
  • Literary Studies (1500 to 1800)
  • Literary Studies (19th Century)
  • Literary Studies (20th Century onwards)
  • Literary Studies (African American Literature)
  • Literary Studies (British and Irish)
  • Literary Studies (Early and Medieval)
  • Literary Studies (Fiction, Novelists, and Prose Writers)
  • Literary Studies (Gender Studies)
  • Literary Studies (Graphic Novels)
  • Literary Studies (History of the Book)
  • Literary Studies (Plays and Playwrights)
  • Literary Studies (Poetry and Poets)
  • Literary Studies (Postcolonial Literature)
  • Literary Studies (Queer Studies)
  • Literary Studies (Science Fiction)
  • Literary Studies (Travel Literature)
  • Literary Studies (War Literature)
  • Literary Studies (Women's Writing)
  • Literary Theory and Cultural Studies
  • Mythology and Folklore
  • Shakespeare Studies and Criticism
  • Browse content in Media Studies
  • Browse content in Music
  • Applied Music
  • Dance and Music
  • Ethics in Music
  • Ethnomusicology
  • Gender and Sexuality in Music
  • Medicine and Music
  • Music Cultures
  • Music and Religion
  • Music and Culture
  • Music and Media
  • Music Education and Pedagogy
  • Music Theory and Analysis
  • Musical Scores, Lyrics, and Libretti
  • Musical Structures, Styles, and Techniques
  • Musicology and Music History
  • Performance Practice and Studies
  • Race and Ethnicity in Music
  • Sound Studies
  • Browse content in Performing Arts
  • Browse content in Philosophy
  • Aesthetics and Philosophy of Art
  • Epistemology
  • Feminist Philosophy
  • History of Western Philosophy
  • Metaphysics
  • Moral Philosophy
  • Non-Western Philosophy
  • Philosophy of Science
  • Philosophy of Action
  • Philosophy of Law
  • Philosophy of Religion
  • Philosophy of Language
  • Philosophy of Mind
  • Philosophy of Perception
  • Philosophy of Mathematics and Logic
  • Practical Ethics
  • Social and Political Philosophy
  • Browse content in Religion
  • Biblical Studies
  • Christianity
  • East Asian Religions
  • History of Religion
  • Judaism and Jewish Studies
  • Qumran Studies
  • Religion and Education
  • Religion and Health
  • Religion and Politics
  • Religion and Science
  • Religion and Law
  • Religion and Art, Literature, and Music
  • Religious Studies
  • Browse content in Society and Culture
  • Cookery, Food, and Drink
  • Cultural Studies
  • Customs and Traditions
  • Ethical Issues and Debates
  • Hobbies, Games, Arts and Crafts
  • Natural world, Country Life, and Pets
  • Popular Beliefs and Controversial Knowledge
  • Sports and Outdoor Recreation
  • Technology and Society
  • Travel and Holiday
  • Visual Culture
  • Browse content in Law
  • Arbitration
  • Browse content in Company and Commercial Law
  • Commercial Law
  • Company Law
  • Browse content in Comparative Law
  • Systems of Law
  • Competition Law
  • Browse content in Constitutional and Administrative Law
  • Government Powers
  • Judicial Review
  • Local Government Law
  • Military and Defence Law
  • Parliamentary and Legislative Practice
  • Construction Law
  • Contract Law
  • Browse content in Criminal Law
  • Criminal Procedure
  • Criminal Evidence Law
  • Sentencing and Punishment
  • Employment and Labour Law
  • Environment and Energy Law
  • Browse content in Financial Law
  • Banking Law
  • Insolvency Law
  • History of Law
  • Human Rights and Immigration
  • Intellectual Property Law
  • Browse content in International Law
  • Private International Law and Conflict of Laws
  • Public International Law
  • IT and Communications Law
  • Jurisprudence and Philosophy of Law
  • Law and Politics
  • Law and Society
  • Browse content in Legal System and Practice
  • Courts and Procedure
  • Legal Skills and Practice
  • Primary Sources of Law
  • Regulation of Legal Profession
  • Medical and Healthcare Law
  • Browse content in Policing
  • Criminal Investigation and Detection
  • Police and Security Services
  • Police Procedure and Law
  • Police Regional Planning
  • Browse content in Property Law
  • Personal Property Law
  • Study and Revision
  • Terrorism and National Security Law
  • Browse content in Trusts Law
  • Wills and Probate or Succession
  • Browse content in Medicine and Health
  • Browse content in Allied Health Professions
  • Arts Therapies
  • Clinical Science
  • Dietetics and Nutrition
  • Occupational Therapy
  • Operating Department Practice
  • Physiotherapy
  • Radiography
  • Speech and Language Therapy
  • Browse content in Anaesthetics
  • General Anaesthesia
  • Neuroanaesthesia
  • Browse content in Clinical Medicine
  • Acute Medicine
  • Cardiovascular Medicine
  • Clinical Genetics
  • Clinical Pharmacology and Therapeutics
  • Dermatology
  • Endocrinology and Diabetes
  • Gastroenterology
  • Genito-urinary Medicine
  • Geriatric Medicine
  • Infectious Diseases
  • Medical Oncology
  • Medical Toxicology
  • Pain Medicine
  • Palliative Medicine
  • Rehabilitation Medicine
  • Respiratory Medicine and Pulmonology
  • Rheumatology
  • Sleep Medicine
  • Sports and Exercise Medicine
  • Clinical Neuroscience
  • Community Medical Services
  • Critical Care
  • Emergency Medicine
  • Forensic Medicine
  • Haematology
  • History of Medicine
  • Browse content in Medical Dentistry
  • Oral and Maxillofacial Surgery
  • Paediatric Dentistry
  • Restorative Dentistry and Orthodontics
  • Surgical Dentistry
  • Medical Ethics
  • Browse content in Medical Skills
  • Clinical Skills
  • Communication Skills
  • Nursing Skills
  • Surgical Skills
  • Medical Statistics and Methodology
  • Browse content in Neurology
  • Clinical Neurophysiology
  • Neuropathology
  • Nursing Studies
  • Browse content in Obstetrics and Gynaecology
  • Gynaecology
  • Occupational Medicine
  • Ophthalmology
  • Otolaryngology (ENT)
  • Browse content in Paediatrics
  • Neonatology
  • Browse content in Pathology
  • Chemical Pathology
  • Clinical Cytogenetics and Molecular Genetics
  • Histopathology
  • Medical Microbiology and Virology
  • Patient Education and Information
  • Browse content in Pharmacology
  • Psychopharmacology
  • Browse content in Popular Health
  • Caring for Others
  • Complementary and Alternative Medicine
  • Self-help and Personal Development
  • Browse content in Preclinical Medicine
  • Cell Biology
  • Molecular Biology and Genetics
  • Reproduction, Growth and Development
  • Primary Care
  • Professional Development in Medicine
  • Browse content in Psychiatry
  • Addiction Medicine
  • Child and Adolescent Psychiatry
  • Forensic Psychiatry
  • Learning Disabilities
  • Old Age Psychiatry
  • Psychotherapy
  • Browse content in Public Health and Epidemiology
  • Epidemiology
  • Public Health
  • Browse content in Radiology
  • Clinical Radiology
  • Interventional Radiology
  • Nuclear Medicine
  • Radiation Oncology
  • Reproductive Medicine
  • Browse content in Surgery
  • Cardiothoracic Surgery
  • Gastro-intestinal and Colorectal Surgery
  • General Surgery
  • Neurosurgery
  • Paediatric Surgery
  • Peri-operative Care
  • Plastic and Reconstructive Surgery
  • Surgical Oncology
  • Transplant Surgery
  • Trauma and Orthopaedic Surgery
  • Vascular Surgery
  • Browse content in Science and Mathematics
  • Browse content in Biological Sciences
  • Aquatic Biology
  • Biochemistry
  • Bioinformatics and Computational Biology
  • Developmental Biology
  • Ecology and Conservation
  • Evolutionary Biology
  • Genetics and Genomics
  • Microbiology
  • Molecular and Cell Biology
  • Natural History
  • Plant Sciences and Forestry
  • Research Methods in Life Sciences
  • Structural Biology
  • Systems Biology
  • Zoology and Animal Sciences
  • Browse content in Chemistry
  • Analytical Chemistry
  • Computational Chemistry
  • Crystallography
  • Environmental Chemistry
  • Industrial Chemistry
  • Inorganic Chemistry
  • Materials Chemistry
  • Medicinal Chemistry
  • Mineralogy and Gems
  • Organic Chemistry
  • Physical Chemistry
  • Polymer Chemistry
  • Study and Communication Skills in Chemistry
  • Theoretical Chemistry
  • Browse content in Computer Science
  • Artificial Intelligence
  • Computer Architecture and Logic Design
  • Game Studies
  • Human-Computer Interaction
  • Mathematical Theory of Computation
  • Programming Languages
  • Software Engineering
  • Systems Analysis and Design
  • Virtual Reality
  • Browse content in Computing
  • Business Applications
  • Computer Security
  • Computer Games
  • Computer Networking and Communications
  • Digital Lifestyle
  • Graphical and Digital Media Applications
  • Operating Systems
  • Browse content in Earth Sciences and Geography
  • Atmospheric Sciences
  • Environmental Geography
  • Geology and the Lithosphere
  • Maps and Map-making
  • Meteorology and Climatology
  • Oceanography and Hydrology
  • Palaeontology
  • Physical Geography and Topography
  • Regional Geography
  • Soil Science
  • Urban Geography
  • Browse content in Engineering and Technology
  • Agriculture and Farming
  • Biological Engineering
  • Civil Engineering, Surveying, and Building
  • Electronics and Communications Engineering
  • Energy Technology
  • Engineering (General)
  • Environmental Science, Engineering, and Technology
  • History of Engineering and Technology
  • Mechanical Engineering and Materials
  • Technology of Industrial Chemistry
  • Transport Technology and Trades
  • Browse content in Environmental Science
  • Applied Ecology (Environmental Science)
  • Conservation of the Environment (Environmental Science)
  • Environmental Sustainability
  • Environmentalist Thought and Ideology (Environmental Science)
  • Management of Land and Natural Resources (Environmental Science)
  • Natural Disasters (Environmental Science)
  • Nuclear Issues (Environmental Science)
  • Pollution and Threats to the Environment (Environmental Science)
  • Social Impact of Environmental Issues (Environmental Science)
  • History of Science and Technology
  • Browse content in Materials Science
  • Ceramics and Glasses
  • Composite Materials
  • Metals, Alloying, and Corrosion
  • Nanotechnology
  • Browse content in Mathematics
  • Applied Mathematics
  • Biomathematics and Statistics
  • History of Mathematics
  • Mathematical Education
  • Mathematical Finance
  • Mathematical Analysis
  • Numerical and Computational Mathematics
  • Probability and Statistics
  • Pure Mathematics
  • Browse content in Neuroscience
  • Cognition and Behavioural Neuroscience
  • Development of the Nervous System
  • Disorders of the Nervous System
  • History of Neuroscience
  • Invertebrate Neurobiology
  • Molecular and Cellular Systems
  • Neuroendocrinology and Autonomic Nervous System
  • Neuroscientific Techniques
  • Sensory and Motor Systems
  • Browse content in Physics
  • Astronomy and Astrophysics
  • Atomic, Molecular, and Optical Physics
  • Biological and Medical Physics
  • Classical Mechanics
  • Computational Physics
  • Condensed Matter Physics
  • Electromagnetism, Optics, and Acoustics
  • History of Physics
  • Mathematical and Statistical Physics
  • Measurement Science
  • Nuclear Physics
  • Particles and Fields
  • Plasma Physics
  • Quantum Physics
  • Relativity and Gravitation
  • Semiconductor and Mesoscopic Physics
  • Browse content in Psychology
  • Affective Sciences
  • Clinical Psychology
  • Cognitive Neuroscience
  • Cognitive Psychology
  • Criminal and Forensic Psychology
  • Developmental Psychology
  • Educational Psychology
  • Evolutionary Psychology
  • Health Psychology
  • History and Systems in Psychology
  • Music Psychology
  • Neuropsychology
  • Organizational Psychology
  • Psychological Assessment and Testing
  • Psychology of Human-Technology Interaction
  • Psychology Professional Development and Training
  • Research Methods in Psychology
  • Social Psychology
  • Browse content in Social Sciences
  • Browse content in Anthropology
  • Anthropology of Religion
  • Human Evolution
  • Medical Anthropology
  • Physical Anthropology
  • Regional Anthropology
  • Social and Cultural Anthropology
  • Theory and Practice of Anthropology
  • Browse content in Business and Management
  • Business Strategy
  • Business History
  • Business Ethics
  • Business and Government
  • Business and Technology
  • Business and the Environment
  • Comparative Management
  • Corporate Governance
  • Corporate Social Responsibility
  • Entrepreneurship
  • Health Management
  • Human Resource Management
  • Industrial and Employment Relations
  • Industry Studies
  • Information and Communication Technologies
  • International Business
  • Knowledge Management
  • Management and Management Techniques
  • Operations Management
  • Organizational Theory and Behaviour
  • Pensions and Pension Management
  • Public and Nonprofit Management
  • Strategic Management
  • Supply Chain Management
  • Browse content in Criminology and Criminal Justice
  • Criminal Justice
  • Criminology
  • Forms of Crime
  • International and Comparative Criminology
  • Youth Violence and Juvenile Justice
  • Development Studies
  • Browse content in Economics
  • Agricultural, Environmental, and Natural Resource Economics
  • Asian Economics
  • Behavioural Finance
  • Behavioural Economics and Neuroeconomics
  • Econometrics and Mathematical Economics
  • Economic Systems
  • Economic Methodology
  • Economic History
  • Economic Development and Growth
  • Financial Markets
  • Financial Institutions and Services
  • General Economics and Teaching
  • Health, Education, and Welfare
  • History of Economic Thought
  • International Economics
  • Labour and Demographic Economics
  • Law and Economics
  • Macroeconomics and Monetary Economics
  • Microeconomics
  • Public Economics
  • Urban, Rural, and Regional Economics
  • Welfare Economics
  • Browse content in Education
  • Adult Education and Continuous Learning
  • Care and Counselling of Students
  • Early Childhood and Elementary Education
  • Educational Equipment and Technology
  • Educational Strategies and Policy
  • Higher and Further Education
  • Organization and Management of Education
  • Philosophy and Theory of Education
  • Schools Studies
  • Secondary Education
  • Teaching of a Specific Subject
  • Teaching of Specific Groups and Special Educational Needs
  • Teaching Skills and Techniques
  • Browse content in Environment
  • Applied Ecology (Social Science)
  • Climate Change
  • Conservation of the Environment (Social Science)
  • Environmentalist Thought and Ideology (Social Science)
  • Natural Disasters (Environment)
  • Social Impact of Environmental Issues (Social Science)
  • Browse content in Human Geography
  • Cultural Geography
  • Economic Geography
  • Political Geography
  • Browse content in Interdisciplinary Studies
  • Communication Studies
  • Museums, Libraries, and Information Sciences
  • Browse content in Politics
  • African Politics
  • Asian Politics
  • Chinese Politics
  • Comparative Politics
  • Conflict Politics
  • Elections and Electoral Studies
  • Environmental Politics
  • European Union
  • Foreign Policy
  • Gender and Politics
  • Human Rights and Politics
  • Indian Politics
  • International Relations
  • International Organization (Politics)
  • International Political Economy
  • Irish Politics
  • Latin American Politics
  • Middle Eastern Politics
  • Political Methodology
  • Political Communication
  • Political Philosophy
  • Political Sociology
  • Political Theory
  • Political Behaviour
  • Political Economy
  • Political Institutions
  • Politics and Law
  • Politics of Development
  • Public Administration
  • Public Policy
  • Quantitative Political Methodology
  • Regional Political Studies
  • Russian Politics
  • Security Studies
  • State and Local Government
  • UK Politics
  • US Politics
  • Browse content in Regional and Area Studies
  • African Studies
  • Asian Studies
  • East Asian Studies
  • Japanese Studies
  • Latin American Studies
  • Middle Eastern Studies
  • Native American Studies
  • Scottish Studies
  • Browse content in Research and Information
  • Research Methods
  • Browse content in Social Work
  • Addictions and Substance Misuse
  • Adoption and Fostering
  • Care of the Elderly
  • Child and Adolescent Social Work
  • Couple and Family Social Work
  • Direct Practice and Clinical Social Work
  • Emergency Services
  • Human Behaviour and the Social Environment
  • International and Global Issues in Social Work
  • Mental and Behavioural Health
  • Social Justice and Human Rights
  • Social Policy and Advocacy
  • Social Work and Crime and Justice
  • Social Work Macro Practice
  • Social Work Practice Settings
  • Social Work Research and Evidence-based Practice
  • Welfare and Benefit Systems
  • Browse content in Sociology
  • Childhood Studies
  • Community Development
  • Comparative and Historical Sociology
  • Economic Sociology
  • Gender and Sexuality
  • Gerontology and Ageing
  • Health, Illness, and Medicine
  • Marriage and the Family
  • Migration Studies
  • Occupations, Professions, and Work
  • Organizations
  • Population and Demography
  • Race and Ethnicity
  • Social Theory
  • Social Movements and Social Change
  • Social Research and Statistics
  • Social Stratification, Inequality, and Mobility
  • Sociology of Religion
  • Sociology of Education
  • Sport and Leisure
  • Urban and Rural Studies
  • Browse content in Warfare and Defence
  • Defence Strategy, Planning, and Research
  • Land Forces and Warfare
  • Military Administration
  • Military Life and Institutions
  • Naval Forces and Warfare
  • Other Warfare and Defence Issues
  • Peace Studies and Conflict Resolution
  • Weapons and Equipment

Responsive Judicial Review: Democracy and Dysfunction in the Modern Age

Responsive Judicial Review: Democracy and Dysfunction in the Modern Age

Responsive Judicial Review: Democracy and Dysfunction in the Modern Age

  • Cite Icon Cite
  • Permissions Icon Permissions

Democratic dysfunction can arise in both “at risk“ and well-functioning constitutional systems. It can threaten a system’s responsiveness to both minority rights claims and majoritarian constitutional understandings. This book aims to counter this dysfunction by arguing that courts should adopt a sufficiently “dialogic“ approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system’s responsiveness to democratic majority understandings. The idea of “responsive“ judicial review encourages courts to engage with their own distinct institutional position, and potentially limits on their own capacity and legitimacy. Dixon explores ways this translates into the embracing of a “weakened“ approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a “calibrated“ approach to judicial scrutiny or judgments about proportionality, and an embrace of “weak–strong“ rather than wholly weak or strong judicial remedies. Not all courts will be well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.

Signed in as

Institutional accounts.

  • Google Scholar Indexing
  • GoogleCrawler [DO NOT DELETE]

Personal account

  • Sign in with email/username & password
  • Get email alerts
  • Save searches
  • Purchase content
  • Activate your purchase/trial code
  • Add your ORCID iD

Institutional access

Sign in with a library card.

  • Sign in with username/password
  • Recommend to your librarian
  • Institutional account management
  • Get help with access

Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:

IP based access

Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.

Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.

  • Click Sign in through your institution.
  • Select your institution from the list provided, which will take you to your institution's website to sign in.
  • When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
  • Following successful sign in, you will be returned to Oxford Academic.

If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.

Enter your library card number to sign in. If you cannot sign in, please contact your librarian.

Society Members

Society member access to a journal is achieved in one of the following ways:

Sign in through society site

Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:

  • Click Sign in through society site.
  • When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.

If you do not have a society account or have forgotten your username or password, please contact your society.

Sign in using a personal account

Some societies use Oxford Academic personal accounts to provide access to their members. See below.

A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.

Some societies use Oxford Academic personal accounts to provide access to their members.

Viewing your signed in accounts

Click the account icon in the top right to:

  • View your signed in personal account and access account management features.
  • View the institutional accounts that are providing access.

Signed in but can't access content

Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.

For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.

Our books are available by subscription or purchase to libraries and institutions.

  • About Oxford Academic
  • Publish journals with us
  • University press partners
  • What we publish
  • New features  
  • Open access
  • Rights and permissions
  • Accessibility
  • Advertising
  • Media enquiries
  • Oxford University Press
  • Oxford Languages
  • University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

  • Copyright © 2024 Oxford University Press
  • Cookie settings
  • Cookie policy
  • Privacy policy
  • Legal notice

This Feature Is Available To Subscribers Only

Sign In or Create an Account

This PDF is available to Subscribers Only

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

  • Skip to main content
  • Accessibility information

judicial review dissertation

  • Enlighten Enlighten

Enlighten Theses

  • Latest Additions
  • Browse by Year
  • Browse by Subject
  • Browse by College/School
  • Browse by Author
  • Browse by Funder
  • Login (Library staff only)

In this section

Adjudication in judicial review: an inferential approach

Szczaranski, Federico (2020) Adjudication in judicial review: an inferential approach. PhD thesis, University of Glasgow.

The thesis focuses on Judicial Review of Legislation, exploring—with the aid of Robert Brandom’s inferential semantics—the possibility of engaging in a properly judicial assessment of the constitutionality of a law. In order to do this, and after criticizing the proportionality approach to the subject, it addresses both the nature of the question that is put forward in cases of review of legislation and the essential features of adjudicative decisions, claiming that the conjunction of these two aspects leads to the configuration of a dilemma: the question asked in judicial review of legislation cases does not seem to be judicially answered. Resorting to inferential semantics, the thesis aims to provide a solution to the dilemma and to make explicit the costs of staying within judicial boundaries.

Actions (login required)

Downloads per month over past year

View more statistics

-

The University of Glasgow is a registered Scottish charity: Registration Number SC004401

Dissertation and Thesis List

Dissertations.

Anderson, David Allen, VA (2017) “An Empirical Study of the Political Party Balance Requirement of the United States Court of Appeals for the Armed Forces and its Predecessor-Court, the United States Court of Military Appeals, from 1951 to 2016” Published dissertation in Military Law Review, fall 2017.

Blake, Archie, NV (2008) “Realistic Drug Court Implementation for Rural Areas: Evaluating the Effectiveness of a Multi-Jurisdictional Model for Program Delivery” (non-published dissertation, available through the University of Nevada, Reno Library).

Brudzinski, Walter, VA (2013) “Chemical Testing of Commercial Vessel Personnel: An Analysis of Archived Test Data” 3 Maritime Professional 50 (Q3, 2013). Portion of dissertation published in Journal of Maritime Law and America, Vol. 42, #2, April 2011.

Darnell, Steve, TN (2018). "A Comprehensive Assessment of Barriers Encountered by Undocumented Hispanic Immigrants in Utilizing the U.S. Legal System." (Non-published dissertation, available through the University of Nevada, Reno Library).

Domitrovich, Stephanie, PA(2006) “The Factors Effecting the Appointment of Experts by State Trial Judges: An Exploratory Study”, published as “State Trial Judge Use of Court Appointed Experts: Survey Results and Comparisons”, Jurimetrics50, pgs.371-389, spring 2010.

Hardy, David, NV (2015) “The Nevada Territorial Supreme Court: A Transitional Influence from Frontier Lawlessness to Statehood” (non-published dissertation, available through the University of Nevada, Reno Library).

Johnson, Donald, LA (2018).  "Perceptions and Perspectives Regarding Procedural Fairness in Louisiana Trial Courts.” (Non-published dissertation, available through the University of Nevada, Reno Library).

Looney, Jerry W., AR (2012) “The Hegemony of “Lords of the Soil:” Cases, Controversies, and Conflicts in the Arkansas Supreme Court, 1837-1861 Relating to the Arkansas Economy” (non-published dissertation, available through the University of Nevada, Reno Library).

Martin, Matthew, NC (2018). "The Cherokee Supreme Court: 1823-1835." (Non-published dissertation, available through the University of Nevada, Reno Library).

McNeil, Christopher B., OH (2008) “Perceptions of Fairness in Agency Adjudications: Applying Line and Tyler’s Theories of Procedural Justice to State Executive-Branch Adjudications”, published as “Perceptions of Fairness in State Administrative Agency Proceedings: Applying Theories of Procedural Justice to State Agency Hearings, Lambert Academic Press, 2009.

Maltese, Joseph, NY (2014) “Preemption Justice: Restoring the Legal Rights of Persons Injured by Medical Devices and Generic Drugs” (non-published dissertation, available through University of Nevada, Reno Library).

Minahan, W. Thomas, OH (2015) “The New Birth of Freedom: The Effect of the Civil War and the Reconstruction of Ohio Law” (non-published dissertation, available through University of Nevada, Reno Library).

Mitrovich, Paul, OH(2009) “Justice Delayed: Federalization of the United States Government From 1930 to 1954 Was a Highly Significant Cause of the Civil Rights Movement for Blacks in the 1950’s and 1960’s”. Published as “Justice Delayed: The Road to Brown V. Board of Education of Topeka and the Civil Rights Movement, Halo Publishing International, 2012.

Page, Reba Ann, VA (2017) “Wringing Their Bread from the Sweat of Other Men’s Faces” (non-published dissertation, available through the University of Nevada, Reno Library).

Ryan, Daniel P., MI (2009) “Essential Principles of Contract and Sales Law in the Northern Pacific: Federated States of Micronesia, the Republics of Palau and the Marshall Islands, and United States Territories and Political Entities”, book published through iUniverse, 2005. Portion of dissertation published in book “Essential Evidence Outline: Practitioner and Student Handbook, 4thEd., November 2011.

Shelton, Donald, MI (2010) “Criminal Adjudication: The Challenges of Forensic Science Evidence in the Early 21stCentury.” Published through Rowman and Littlefield, October, 2010.

Taylor, Phillip, GA (2012) “Clarifying Establishment Clause Jurisprudence through Modern Dialectical Plasticity” (non-published dissertation, available through the University of Nevada, Reno Library).

Weller, Charles, NV (2013) “Statutory Response to Court Security Concerns” (non-published dissertation, available through University of Nevada, Reno Library). Portion of dissertation published as “What Judges Should Know About Court-Related Violence, American Bar Association’s Judges Journal, Vol. 53, #3, pgs.28-31, summer2014.

Yeager, S. Michael, PA (2014) “Judicial Independence and the Tragic Consequences that Arose in Nazi Germany from the Lack Thereof” (non-published dissertation, available through the University of Nevada, Reno Library).

Alonso, Alfonso, TX (2009) ““Best Practices”” for Drug Courts” (non-published thesis, available through the University of Nevada, Reno Library).

Andrus, Beth M. WA (2016) “The Vanishing Commercial Trial in King County Superior Court and the Role Private Arbitration May Play” (non-published thesis, available through the University of Nevada, Reno Library).

Anderson, David A., VA (1998) "Summary Contempt Power in the Military: Refine or Repeal”, Military Law Review160, pgs.158-222, June 1999.

Ash, Don R., TN (2000) “Bridge Over Troubled Water: Changing the Custody Law in Tennessee”, The University of Memphis Law Review27, No. 4, pgs.769-841,Summer, 1997.

Berry, Janet J., NV (1997) "Life After Death -Preservation of the Immortal Seed”, Tulane Law Review, 72, No. 1, pgs.231-256, 1997.

Bertness, Janette, RI (2008) “Rhode Island Nurse Practitioners: Are they Legally Practicing Medicine without a License?”,Roger Williams University Law Review, 14, No. 2, pgs.215-297, spring2009.

Blake, Archie E., NV (1996) "Daubert and Reality: A Survey of Nevada Judges” (non-published thesis, available through the University of Nevada, Reno Library).

Boharic, Robert V., IL (1995) "Regulating Eloquence: Time Limitations on Closing Arguments in Civil and Criminal Jury Trials, (non-published thesis, available through the University of Nevada, Reno Library).

Bonner, Kimberly, FL (2017) “A Historic Acquittal Re-Examined: Would the Earps and Doc Holliday Escape Indictment Under the Modern Grand Jury System?” (non-published thesis, available through the University of Nevada, Reno Library).

Boyko, Christopher, OH (2010) “A New Originalism: Adoption of a Grammatical Interpretive Approach to Establishing Clause Jurisprudence after District of Columbia v. Heller”, Cleveland State Law Review, 57, No. 4, pgs.703-781, 2009.

Brady, Kevin, GA (2004) “Improving Due Process and Fairness During the Application of Georgia’s Drug Free Workplace Disqualification in Unemployment Insurance, (non-published thesis, available through the University of Nevada, Reno Library).

Briggs, William L., IN (1990) "Can Private Adoption Procedures be as Structured as Agency Adoption Procedures WithoutDestroying the Unique Service They provide to Waiting Parents?" Family Law Journal, 1990. Briggs, William L., IN (1990) "Structuring Independent Adoptions: A Report of One Court’s Program” 1990. (non-published thesis, available through the University of Nevada, Reno Library).

Bromley, Rebecca, CO (1995) "Jury Leniency in Drinking and Driving Cases -Has it Changed? 1958 versus 1993”, Law and Psychology Review20, pgs.27-55, Spring 1996.

Brudzinski, Walter, NY (2009) “A Case Study of the Coast Guard Administrative Law Judge Program” (non-published thesis, available through the University of Nevada, Reno Library).

Buchele, James P., KS (1988) "Justifying Real Property Tax Exemptions in Kansas”, Washburn Law Journal27, No. 252, pgs.252-297, November 1988.

Carle, Curtis W., MO (1995) "The Politics of Change in Implementing a New Court System” (non-published thesis, available through the University of Nevada, Reno Library).

Carlisle, Suzette, MO (2014) “Did 2005 Statutory Changes Affect Settlements for Self-Represented Injured Workers in Missouri?” (non-published thesis, available through the University of Nevada, Reno Library). Portion of the thesis was published in 61 St. Louis Bar Journal, 2015.

Cicero, June H., WI (1989) "Piercing the Socratic Veil: Adding an Active Learning Alternative in Legal Education”, William Mitchell Law Review15, No. 4, pgs.1011-1024, 1989.

Clark, Joseph T., OH (1993) "The "Community Standard" in the Trial of Obscenity Cases -A Mandate for Empirical Evidence in Search of the Truth”, Ohio Northern University Law Review, 20, No. 1, pp 13-56, 1993.

Clark, Thomas C. II, MO (2019). “The Spirit of' Due Process as Advocated by Charles Lindbergh: Revisiting Pacific Air Transport v. United States, 98 Ct. Cl. 649 (1942).” (Non-published thesis, available through the University of Nevada, Reno Library).

Clark, Thomas C., MO (1997) "Impact of Nineteenth Century Missouri Courts upon Emerging Industry: Chambers of Commerce or Chambers of Justice?”, Missouri Law Review63, No. 1, pgs.52-114, winter 1998.

Clingman, Gary, NM (2014) “Peremptory Excusal of Judges in New Mexico: Substantive Right, Procedural Right, Both, or Does it Matter?” University of New Mexico Law review Volume 46, Issue 2 pp 309-352 summer 2016.

Coffelt, Soraya D., (2001) “The United States Virgin Islands at the Judicial Crossroads –is it Time for a Supreme Court of the United States Virgin Islands?” (non-published thesis, available through the University of Nevada, Reno Library).

Cohen, Gene D., PA (1998) "Comparing the Investigating Grand Jury with the French System of Criminal Investigations: A Judge’s Perspective and Commentary”, Temple International and Comparative Law Journal13, No. 1, pgs.87-105, 1999.

*Cole, Tijani R., CO (2001) “The Courts and the Media -Benchbook”, New England Law Review35, No. 4, pgs. 855-907, Summer 2001.

Colquitt, Joseph A., AZ (1989) "Judicial Use of Social Science Evidence at Trial", ArizonaLaw Review30, No. 4, pgs.51-84, 1999.

Connolly, John S., MN (2001) “A Dose of Social Science: Support for the Use of Summary Jury Trials as a Form of Alternative Dispute Resolution”, William Mitchell Law Review25, No. 4, pgs.1420-1460, 1999.

Crebbin, Anthony M., KS (2000) “”The Vertical Perspective”“: How the Literature of Short Stories Intersects the Plane of Law” (non-published thesis, available through the University of Nevada, Reno Library).

Crehan, Matthew J., OH (1996) "Seating the Blind Juror: Is it a Judicial Dilemma?", Judicature81, No. 3, pgs.104-110, November-December 1997.

Crow, G. Kent, AR (2014) “The Secret Laws of Arkansas: The History and Economics of Split Judicial Districts” (non-published thesis, available through University of Nevada, Reno Library).

Cullen, David P., OK(1992) "Indigent Defense Comparison of Ad Hoc and Contract Defense in Five Semi-Rural Jurisdictions”, Oklahoma City University Law Review17, No. 2, pgs.311-375, Summer 1992.

Darnell, Stephen, TN (2013) “When Tennessee Considers An Administrative Driver’s License Suspension Law, It Must be Mindful of One Caveat: It Won’t Reduce Drunk Driving,” (non-published thesis, available through the University of Nevada, Reno, Library).

Daugherty, Jay A., MO (1995) "The Missouri Non-Partisan Court Plan: A Dinosaur on the Edge of Extinction or a Survivor in a Changing Socio-Legal Environment”, Missouri Law Review33, No. 2, pgs.315-343, Spring 1997.

Davis, Warren, GA (2005) “Should Georgia’s Arrest Law Authorize Issuing Field Citation to More Non-Traffic Misdemeanor Offenders?”, Georgia State University Law Review, 22, No. 2, 2005.

Daye, Courtney D., JAM (2007) “An Analysis of the Sex Distribution of Jurors in Sexual Offenses Cases in Jamaica to Determine if this Factor have any Effect on Their Verdict” (non-published thesis, available through the University of Nevada, Reno Library).

Deese, James W., KY (1990) "Courtroom Use of Scientific Evidence and Expert Witnesses, with Recommendations for Improved Procedures for Use of Expert Witnesses and Scientific Evidence” (non-published thesis, available through the University of Nevada, Reno Library).

Deja, Daniel R., MI (1999) “The Required Submission of an ADR Joint Settlement Plan in Civil Cases in the Berrien County Michigan Trial Court: An Evaluation of its Effect on Case Disposition Time”, Ohio State Journal on Dispute Resolution15, Issue 1, pgs.173-206, Fall 1999.

Domitrovich, Stephanie, PA (1993) "Jury Sources Lists and the Community Need to Perceive Racial Balance on the Jury: The Genesis for Triggering BatsonConcerns”, Duquesne Law Review33, No. 1, pgs.39-103, Fall 1994.

*Domitrovich, Stephanie, PA (1998) "Utilizing an Effective Economic Approach to Family Court: A Statutory Proposal for a Unified Family Court in Pennsylvania”, Duquesne Law Review37, No. 1, pgs.1-66, Fall 1998.

Donohue, Michael E., WA (1987) "Another Door Closed: Rape Trauma Syndrome”, Gonzaga Law Review23, No. 1, pgs.1-35, 1987/88.

Doucet, Randy, WA (2004) “Tribal Judicial Systems and Tribal Economic Development: Developments in Three Tribal Judicial Systems” (non-published thesis, available through the University of Nevada, Reno Library).

Dowd, Matthew J., KS (2008) “Have Sentencing Guidelines Eliminated Sentence Disparity in Kansas?” (non-published thesis, available through the University of Nevada, Reno Library).

Drain, Gershwin A., MI (1991) "Mistaken Proportionality: A Look at This Country's Most Severe Narcotics Penalty for First Offenders” (non-published thesis, available through the University of Nevada, Reno Library).

Dreyer, David J., IN (2006) “Culture, Structure, and Pro Bono Practices”, The Journal of the Legal Profession, University of Alabama School of Law, 33, No. 2, pgs.185-222, Spring 2009.

Dywan, Jeffery J., IN (2003) “An Evaluation of the Effect of Court-Ordered Mediation and Proactive Case Management on the Pace of Civil Tort Litigation in Lake County, Indiana”, Journal of Dispute Resolution2003, No. 1, pgs.239-254, May 2003.

Fagg, Russell C., MT (1999) “Montana Offer of Judgment Rule: Let’s Provide Bonafide Settlement Incentives”, Montana Law Review60, No. 1, pgs.40-66, winter1999.

Fennelly, John E., FL (1992) "Inevitable Discovery, the Exclusionary Rule and Military Due Process”, Military Law Review23, pgs.109-146, 1992.

Fink, Howard, IL (1994) "Rights of Passage: An Empirical Study of Judges' and Defendants' Ability to Communicate with Each Other During Guilty Plea Proceedings” (non-published thesis, available through the University of Nevada, Reno Library).

Fleet, Leonard, FL (1994) "Close Circuit Television,the Adult Rape Victim and the Confrontation Clause: I See You, You See Me, They See Us, But You Aren't Here” (non-published thesis, available through the University of Nevada, Reno Library).

Fox, Timothy D., WA (2007) “Right Back “In Facie Curiae”: A Statistical Analysis of Appellate Affirmance Rates in Court-Initiated Attorney Contempt Proceedings”, The University of Memphis Law Review38, No. 1, pgs.1-48, Fall 2007.

Fuhrman, Mark J., NE(1989) "DNA Fingerprinting -Admissible Under Frye" (non-published thesis, available through the University of Nevada, Reno Library).

Garza, Robert, TX (2000) “Juries -Assessing Punishment in Criminal Cases” (non-published thesis, available through the University of Nevada, Reno Library).

Gebelein, Richard, DE (2003) “Delaware Leads the Nation: Rehabilitation in a Law and Order Society, A System Responds to Punitive Rhetoric”, Delaware Law Review7, No. 1, pgs.1-29, 2004.

Goldsmith, Thomas A., CO (1989) "Felony Plea Bargaining in Six Colorado Judicial Districts: A Limited Inquiry Into the Nature of the Process”, Denver University Law Review66, No. 2, pp 243-276, 1989.

Granier, Kirk R., LA (2010) “Scripting the Contempt hearing: Avoiding Appellate Reversal and Judicial Misconduct” (non-published thesis, available through the University of Nevada, Reno Library).

Grube, Karl B., FL (1992) "Electronic Plea Taking at Florida's Weekend First Appearance Hearings: Weekend Justice or Weakened Justice?”, Stetson Law ReviewVol. XXI, No. 2, pgs.329-376, Spring 1992.

Guest, Denis, IL (2105) “An Examination of Judges in Israel and the United States” (non-published thesis, available through the University of Nevada, Reno Library).

Guidry, Greg, LA (2010) “The LouisianaJudiciary: In the Wake of Destruction”, Louisiana Law Review74, No. #, spring 2010.

Hagerty, Gail, ND (1994) "Instructing the Jury? Watch your Language!”, North Dakota Law Review70, No. 4, pgs.1007-1026, 1994.

Hairston, Andrew, GA (1999) “Evaluation of Georgia’s DUI Laws: Enforcement in Atlanta 1992-1997” (non-published thesis, available through the University of Nevada, Reno Library).

Hallisey, Robert J., MA (1995) "Experts on Eyewitness Testimony in Court -A Short Historical Perspective”, Howard LawJournal39, Issue 1, pgs.237-286, fall1995.

Harcourt, Barbara, IN (1997) "When to Initiate Disciplinary Proceedings: The Role of Judges in Maintaining Candor and Decorum” (non-published thesis, available through the University of Nevada, Reno Library).

*Hardcastle, Gerald, NV (2004) “Adversarialism and the Family Court: A Family Court Judge’s Perspective” (non-published thesis, available through the University of Nevada, Reno Library).

*Hardy, David A., NV (2008) “Who is Guarding the Guardians? A Localized Call for Improved Guardianship Systems and Monitoring”, NAELA Journal4, No. 1 2008.

Harhut, Chester T., PA (1995) "Ex Parte Communication Initiated by a Presiding Judge”, Temple Law Review68, No. 2, pgs.673-697, 1995.

Harkin, Douglas, MT (1999) “BMW of North America, Inc. v. Gore: A Trial Judge’s Guide to Jury Instructions and Judicial Review of Punitive Damage Awards”, Montana Law Review 60, No. 2, pgs.367-414, summer 1999.

Harris, Rodger C., NC (2006) “Propensity Evidence Fusion Alchemy: Rule of Evidence 414 and the Legal Metamorphosis of Similar Offenses Evidence in Child Molestation Cases in the Military” (a non-published thesis, available through the University of Nevada, Reno Library).

Hayes, Hugh D., FL (1988) "Capital Jury selection in Florida and Texas -A Quantitative Distinction Without a Legally Qualitative Difference”, Nova Law Review12, No. 2, pgs.744-786, Spring 1988.

Hill, Glynnis, PA (2008) “The New Philadelphia Gun Court: Is it Working?” (non-published thesis, available through the University of Nevada, Reno Library).

Hjelt, Stephen E., CA (2000) “Informed Consent and Psychotherapy: Apples and Oranges in the Garden of Doctrine”, Journal of the National Association of Administrative Law Judges, Spring 2002.

Hobgood, Robert, NC (1997) “Tobacco Road a/k/a The Golden Alley, I-95: The Drug Traffickers' Freeway and Its Impact on State Constitutional Law”, Campbell Law Review21, No. 2, pgs.237-275, Spring 1999.

Hoggatt, Wallace, AZ (2005) “Table for Thirteen: What Arizona Can Learn from New Mexico’s Experience with Jurors of Limited English Proficiency” (non-published thesis, available through University of Nevada, Reno Library).

Honts, George E., VA (1988) "Peremptory Challenges: Thunder in the Jury Box” (non-published thesis, available through the University of Nevada, Reno Library).

Hornstine, Louis, NJ (1996) "Patient Confidentiality and the AIDS Epidemic” (non-published thesis, available through the University of Nevada, Reno Library).

Huffman, Mary Katherine, OH (2015) “The Politics of Fear: The Dubious Underlying Sex Offender Registration Statue: Proposals for Restoring Measures of Judicial Discretion to Sex Offender Management” (non-published thesis available through the University of Nevada, Reno Library).

Hunter, Mac NJ(1992) “Homosexuals as a New Class of Domestic Violence Subjects under the New Jersey Prevention of Domestic Violence Act of 1991”, University of Louisville Journal of Family Law31, No. 3, pgs.557-628, Summer 1994.

Jacobs, Michael, CA (2001) “Illuminating a Bureaucratic Shadow World: Precedent Decisions under California’s Revised Administrative Procedure Act”, Journal of the National Association of Administrative Law Judges21, No. 2, pgs.247-288, Fall 2001.

*James, Thomas, PA (2004) “Custody Relocation Law in Pennsylvania: Time to Revisit and Revise “Gruber V. Gruber”” (non-published thesis, available through the University of Nevada, Reno Library).

Johnson, Carolyn, TX (1998) "A Houston Jury Project: Jury "People Preferences" and Verdicts” (non-published thesis, available through the University of Nevada, Reno Library).

Johnson, Donald, LA (2009) “Louisiana’s Court Perceptions and Practices on Closing Open Access to Court Judicatory Records” (non-published thesis, available through the University of Nevada, Reno Library).

Jones, Melissa L., MD (2014) “Injecting Fault into a No-Fault System: The Aggressor Defense in District of Columbia, Work-Related Fight Cases”, Hofstra Labor and Employment Law Journal32, December 2012.

Kelley, James, IA (1993) "Addressing Juror Stress: A Trial Judge's Perspective”, Drake Law Review43, No. 1, pgs.97-125, 1994.

Kent, Cynthia, TX (1999) “DaubertReadiness of Texas Judiciary: A Study of the Qualifications, Experience, and Capacity of the Members of the Texas Judiciary to Determine the Admissibility of Expert Testimony under Daubert, Kelly, Robinson, andHavnerTests”, Texas Wesleyan Law Review6, No. 1, pgs.1-29, Fall 1999.

Kirkwood, Lawrence, FL (1994) "Florida Judicial Sentencing Guidelines: An Experiment Without Direction” (non-published thesis, available through the University of Nevada, Reno Library).

Knudson, Kristin, AK (2012) “Citizen Adjudicators Lay Members of Alaska’s Mixed Tribunals as Lay Judges in Mixed Courts: A Study of Participation, Attitude, and Recruitment” (non-published thesis, available through the University of Nevada, Reno Library).

Kumorowski, Victoria, KS (1994) "Determining the Status of the External Human Embryo: A Golden Opportunity to Protect the Inherent Dignity of Human Life” (non-published thesis, available through the University of Nevada, Reno Library).

LaDart, Ross, LA (2014) “Mechanics of Jury Selection: Some Tools of the Trade” (non-published thesis, available through the University of Nevada, Reno Library).

*Landerkin, Hugh,CAN (1997) "Custody Disputes in the Provincial Court of Alberta: A New Judicial Dispute Resolution Model”, Alberta Law ReviewXXV, No. 3, pgs.627-686, 1997.

Lanford, Norman, TX (1992) "The Influence of Selection Process and Urbanization on the Texas District Court” (non-published thesis, available through the University of Nevada, Reno Library).

Lanzinger, Judith Ann, OH (1992) "Judges Teaching in Law School: Who, What, Where and Why Not”, Journal of Legal Education43, No. 1, pgs. 96-107, March 1993.

Larsen, John H., CA (2018) “How to Use Images to Draw Conclusions in Legal Reasoning”, Journal of Legal Education.(non-published thesis, available through the University of Nevada, Reno Library).

Looney, Jerry, AR (2008) “The Arkansas Approach to Competency to Stand Trial: “Nailing Jelly to a Tree””, 62 Arkansas Law Review683, 2009.

*Looney, Jerry, AR (2014) “Children as Witnesses in the Courtroom: A Guide for Judges” (non-published thesis, available through the University of Nevada, Reno Library).

Lopez,Victor, NM (2018) “Electing State Court Judges: Harmonizing Democracy with Judicial Review in Pursuing Balanced State Government and Legitimacy” (non-published thesis, available through the University of Nevada, Reno Library).

Lucci, Eugene, OH (2012) “Who Owns the Beach of Lake Erie in Ohio?” (non-published thesis, available through the University of Nevada, Reno Library).

Lynch, William P., NM (2001) “Problems with Court-Annexed Mandatory Arbitration: Illustrations from the New Mexico Experience”, New Mexico Law Review32, No. 3, pgs. 181-215, Spring 2002.

Madden, Patrick, MI (1994) "Civil Dispute Resolution in Rural Courts: A Comparative Study of the Michigan Mediation Rule and the Rural Wisconsin Civil Trial” (non-published thesis, available through the University of Nevada, Reno Library).

Maltese, Joseph J., NY (1998) "Frye or Daubert: A Study of the Differences and Similarities in the Judge's Role in the Review of Scientific Evidence” (non-published thesis, available through the University of Nevada, Reno Library).

Maley, Mary Helen, AZ (2017) “Including the Larger Community in Pretrial Services Community Supervision: The Circles of Peace Experiment” (non-published thesis, available through the University of Nevada, Reno Library).

Marlow, George, NY (1997) "From Black Robes to White Lab Coats: The Ethical Implications of a Judge's Sua Sponteand Ex Parte Acquisition of Social and Other Scientific Evidence During the Decision Making Process”, St. John's Law Review72, No. 2, pgs.291-335, Spring1998.

Martin, J. Matthew, OK (2009) “The nature and Extent of the Exercise of Criminal Jurisdiction by the Cherokee Supreme Court: 1823-1835”, 32 N.C. Central Law Review27, 2009.

*McGee, Charles M., NV (1989) "The Judge's Role: Some Steps Toward Clarifying and Balancing Punishment and Rehabilitation Objectives”, Juvenile and Family Law Journal, pgs.1-23, 1989.

McGinty, Timothy, OH (2000) “'Straight Release' Justice Delayed is Justice Denied”, Cleveland State Law Review48, No. 2, pgs.235-309, 2000.

McGroarty, John, NV (1994) "Transracial Adoption: Genocide or an Option for a Pluralistic Democracy in the 21st Century?” (non-published thesis, available through the University of Nevada, Reno Library).

McKinnon, Laurie, MT (2016) “An Examination of the Judicial Peremptory Challenge: Variations between States and Considerations of Constitutionality” (non-published thesis, available through the University of Nevada, Reno).

McNeil, Christopher B., OH (2004) “Executive Branch Adjudications in Public Safety Laws: Assessing the Costs and Identifying the Benefits of ALJ Utilization in Public Safety Laws”, Indiana Law Review38, No. 2, pgs.435-477, 2005.

*Messinger, Steven GA (1996) "Moving Toward a Family Court in Georgia without the Need for Constitutional Revision”, Georgia State University Law Review12, No. 3, pgs.667-685, April 1996.

Minahan, W. Thomas, OH (2007) “Sometimes You have to Talk First: Ohio’s HIV Criminalization Statutes”, (Forthcoming in the Ohio Northern University Law Review, Dec/Jan issue).

Mitrovich, Paul, OH (1992) "Analysis of Ohio's Living Will Statute and Beyond”, Ohio Northern Law ReviewXVIII, No. 4, pgs.759-815, 1992.

Morrison, Dan, IA (1992) "Scientific Expert Testimony: A Trial Judges Approach”, Thomas M. Cooley Law Review9, No. 3, pgs.641-663, 1992.

*Mullane, Graham, AUS (1997) "Evidence on Social Science Research: Law, Practice, and Options in the Family Court of Australia”, The Australian Law Journal72, pgs.434-464, June 1998.

Nall, Rayburn, TX (2003) “Development and Analysis of the State of Mind Exception to the Hearsay Rule in Texas” (non-published thesis, available through the University of Nevada, Reno Library).

Niehaus, Richard, OH (1998) "Statutory Interpretation and the Presuppositions of Language and Law” (non-published thesis, available through the University of Nevada, Reno Library).

Nugent, Donald, OH (1994) "Judicial Bias”, Cleveland Marshall Law Review, Cleveland State University, College of Law, 42, No. 1, 1994.

O'Connell, Pete D., MI (1988) "Pretrial Publicity, Change of Venue, Public Opinion Polls -A Theory of Procedural Justice”, University of Detroit Law Review65, No. 2, pgs.169-195, 1988.

Olsen, Rory R., TX (2010) “A Most Particular Statute: The Effects of Section 243 of the Texas Probate Code Upon the Settlement of Will Contests in Harris County, Texas” (non-published thesis, available through the University of Nevada, Reno Library).

Page, Reba, VA (2011) “”The Curious Case of Mr. Bingo””, Gaming Law Review and Economics13, No. 3, June 2009.

Peccarelli, Anthony M., IL (1990) “A Moral Dilemma: The Role of Judicial Intervention in Withholding or Withdrawing Nutrition and Hydration”, JohnMarshall Law Review 23, No. 4, pgs. 537-567, summer 1990.

Penrod, Earl, IN (2000) “The Guilty Plea Process in Indiana: A Proposal to Strengthen the Diminishing Factual Basis Requirement”, Indiana Law Review34, No. 3, pgs.1127-1156. 2001.

Rankin, Teresa, NV (2009) “Integrating Risk Management and Business Education into Medical Education” (non-published thesis, available through the University of Nevada, Reno Library).

Ranniger, Leslie, CO (2019). “Blockchains, Smart Contracts, and the Future of the Judiciary.” (Non-published thesis, available through the University of Nevada, Reno Library).

Robinson, Steven, FL (1993) “A Jurisprudential Analysis of Guided Discretion: Disciplining Racism and Subjectivity in Capital Sentencing”, (non-published thesis, available through the University of Nevada, Reno Library).

Rosman, Jay, FL (1994) "The Florida Response to Domestic Violence: An Analysis of Recent Florida Statutes”, NOVA Law School Review117, pgs. 20-43, 1995.

Russell, Stephen, TX (1993) "Ethnic Cleansing and Land Ownership: Why NAGPRA Does Not Protect Native American Graves in Texas” (non-published thesis, available through the University of Nevada, Reno Library).

Ryan, Daniel P., MI (2000) “Expert Opinion Testimony and Scientific Evidence: Does M.C.L. 600.2955 “Assist” the Trial Judge in Michigan Tort Cases?”, University of Detroit Mercy Law Review25, No. 2, pgs. 263-321, winter 1998.

Sage, Larry G., NV (2006) “Applying Felony Drug Court Concepts in the Lower Courts: Should We Modernize Misdemeanor Sentencing?” (non-published thesis, available through the University of Nevada, Reno Library).

Schumacher, John H., (2017) “Ripe for Appeal: Who is Considered an “Employer” When Determining Liability for Multi-Employer Worksite Safety Violations?” (non-published thesis, available through the University of Nevada, Reno Library).

Segrest, Philip Dale, AL (1999) “Punitive Damages in Alabama: Allocating or Caps?” (non-published thesis, available through the University of Nevada, Reno Library).

Shakes, David L, CO (2015) “Legal Anthropology on the Battlefield: Cultural Competence in U.S. Rule of Law Programs in Iraq” (non-published thesis, available through the University of Nevada, Reno Library).

Sheehan, Brendan, GA (2013) “Court Caught in the Web: Fixing a Failed System with Factors Designed for Sentencing Child Pornography Offenders” (non-published thesis, available through the University of Nevada, Reno Library).

Simpson, John, GA (2012) “Will Child Support Court Increase the Frequency and Amount of Child Support Paid by Non-Custodial Parents?” (non-published thesis, available through the University of Nevada, Reno Library).

Smith, David B., AZ (1995) "Reel Justice: The Movies' View of the American Legal System” (non-published thesis, available through the University of Nevada, Reno Library).

Smith, Jack, AK (2011) “The Anchorage, Alaska Veteran’s Court and Recidivism, 6 July 2004-31 December 2010” (non-published thesis, available through the University of Nevada Library).

Smith, John, MN (2012) “Minnesota Trial Court: Past, Present and Future” (non-published thesis, available through the University of Nevada, Reno Library).

Smith, Richard, AZ (2002) “Jury Trials in Misdemeanor Cases of Driving Under the Influence of Alcohol: A Public Policy Consideration” (non-published thesis, available through the University of Nevada, Reno Library).

Spillane, Leslie, OH (1997) "Spousal Support in the 90's: The Other Ohio Lottery”, Ohio Northern UniversityXXIV, No. 2, pgs.281-355, 1998.

Spoo, James, NV (2019). “Imperatives of Arrest or Non-Arrest for Assaultive Language in Domestic Violence Cases: An Empirical Study of Responding Police Officers.” (Non-published thesis, available through the University of Nevada, Reno Library).

Taylor, Philip P., GA (2007) “Is the Process the Punishment in the Kennesaw Municipal Court?” (non-published thesis, available through the University of Nevada, Reno Library).

Thomas, Mary Maxwell, IL (1996) "A World of Differences of the African-American Male: Communication Gap Converts Justice into "Just Us" System”, Harvard Black Letter Law Review 13, pgs.1-63, 1997.

Thompson, Edward L., OK (1990) "Protecting Abused Children: A Judge's Perspective on Public Law Deprived Child Proceedings and the Impact of the Indian Child Welfare Act”, American Indian Law Review15, No. 1, pgs.1-114, 1990.

*Thompson, Edward L., OK (1991) "Children in Need in Mental Health Treatment: A Judge's View of Revised Public Law and New Private Law Proceedings”, University of Tulsa Law Journal26, No. 3, pgs.347-40, Spring 1991.

Thyer, Cindy, AR (2019). “The Landscape of Pre-Trial Reform: Is It Time for Arkansas to Consider Pre-Trial Reform?.” (Non-published thesis, available through the University of Nevada, Reno Library).

Tobi-Aiyemo, Ari, Nigeria (2019). “The Act of Judging in Nigeria: A Matter of Interpretation and Judicial Discretion.” (Non-published thesis, available through the University of Nevada, Reno Library).

Tollefson, Brian, WA (2009) “Protection of Personal Identity Information in Washington’s Civil Court Records: Washington Court Must Better Protect Personal Identification Information in Court Files from Improper Use” (non-published thesis, available through the University of Nevada, Reno Library).

Toone, Ryan, NV (2019). “Criminal Justice Fines: The Role of the Local Court and a Review of Reform Alternatives.” (Non-published thesis, available through the University of Nevada, Reno Library).

Tucker, Tim Dallas, SD (1996) "State v. Black: Confusion in South Dakota's Determination of Lesser Included Offenses in Homicide Cases”, South Dakota Law Review41, Vol. 3, pgs.465-501, 1996.

Turney, Jack, MD (1992) "Economic Implications of Drunk Driving Sentences” (non-published thesis, available through the University of Nevada, Reno Library).

Van Tiem, Thomas, MI (1994) "The Efficacy of the Properly Instructed Juror”, Court Review 32, No. 2, summer 1995.

Walsh, Marcia, MO (2003) “The Economic Costs of Buying Points” (non-published thesis, available through the University of Nevada, Reno Library).

*Walsh, Richard, IL (2008) “Raising the Age for Juvenile Jurisdiction in Illinois Medical Science, Adolescent Competency and Cost”, (forthcoming in the Loyola University Chicago Law Journal).

Waltzer, Miriam, LA (1990) "Aids in the Workplace: Mandatory Testing and Section 504 of the Rehabilitation Act”, Loyola Law Review36, No. 1, pgs. 55-88, 1990.

Welch, Jewel, LA (2009) “Damned by the Dying: A Look Into the Use of Suicide Notes as Dying Declarations” (non-published thesis, available through the University of Nevada, Reno Library).

*Weller, Charles, NV (2009) “Needed: A Guide for Media Coverage of Domestic Violence” (non-published thesis, available through the University of Nevada, Reno Library).

*Williams, R. James, CAN (1996) "Grasping a Thorny Baton...A Trial Judge Looks at Judicial Notice and Courts' Acquisition of Social Science”, Canadian Family Law Quarterly 14, pg.179-232, 1997.

Wood, Naman, GA (2010) “Can Judges Increase Mediation Settlement Rates? Of “Coase” They Can”, Ohio State Journal on Dispute Resolution 26, pg.683, 2011.

Yeager, S. Michael, PA (2009) “Are Alleged Fallacies in Current Infrared Alcohol Breath-Testing Instruments Cause for State Legislatures to Amend Their Respective Driving Under the Influence Statutes?” (non-published thesis, available through the University of Nevada, Reno Library).

*Yeager, S. Michael, PA(2018) “Guardianship of the Elderly –Salient Associated Aspects and the Law of Incapacity in Pennsylvania” (non-published thesis, available through the University of Nevada, Reno Library).

Young, Roger, SC (2000) “Using Social Science to Assess the Need for Jury Reform in South Carolina”, South Carolina Law Review52, No. 1, pgs.135-240, Fall 2000.

Younge, John Milton, PA (2011) “Whether the Pennsylvania Constitution Provides for a Gideon v. Wainwright Type of Constitutional Mandate of Appointment of Council to Indigent Civil Litigants” (non-published thesis, available through the University of Nevada, Reno Library).

Table of Contents: this page must be numbered and should\ be page iv. Please also number the next page as v.

page 1: title placement here is still not consistent. Yo\ ur front matter pages are all at the 1 inch top margin but these here drop down to below the 2 inch margin. Also you have Introduction listed in your Table of Contents but nothing here indicates that there is an Introduction. Either leave as is a\ nd remove that heading from the TOC or insert a heading here like A. Introduction and adjust your other headings accordingly.

page 1: title placement here is still not consistent. Yo\ ur front matter pages are all at the 1 inch top margin but these here drop down to below the 2 inch margin.

  • Bibliography
  • More Referencing guides Blog Automated transliteration Relevant bibliographies by topics
  • Automated transliteration
  • Relevant bibliographies by topics
  • Referencing guides

Dissertations / Theses on the topic 'Judicial review, europe'

Create a spot-on reference in apa, mla, chicago, harvard, and other styles.

Consult the top 28 dissertations / theses for your research on the topic 'Judicial review, europe.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.

Corkin, Nicola Christine. "Developments in abstract judicial review in Germany, Austria and Italy." Thesis, University of Birmingham, 2011. http://etheses.bham.ac.uk//id/eprint/2835/.

Fischer, de Toledo Alexandre M. "The rule of law in Europe : a substantive approach to judicial review." Thesis, Stockholms universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-121046.

Jonsson, Anna. "Judicial Review and Individual Legal Activism : The Case of Russia in Theoretical Perspective." Doctoral thesis, Uppsala : Faculty of Law & Department of East European Studies, Uppsala University, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-5811.

Valderas, Ana-Sofia. "Climate change law and litigation in Sweden with scenarios from Europe : Possibilities for members of the public to challenge the state's responsibility for climate change through litigation." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384955.

Creally, E. P. "Judicial review of safeguard measures in the European Community." Thesis, University of Edinburgh, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.645128.

Makris, Maria C. "The distinct use and development of administrative law principles by the European Court of Justice." Thesis, University of Cambridge, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.240041.

Nanopoulos, Eva Eustasie Ermina. "Judicial review of anti-terrorism measures in the EU." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610483.

Birkeland, Gustav. "Judicial Review of Procedural Acts of the European Public Prosecutor’s Office : A Legal Analysis of Article 42 of the Regulation on the Establishment of the European Public Prosecutor’s Office." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-407927.

Hönnige, Christoph. "Verfassungsgericht, Regierung und Opposition : die vergleichende Analyse eines Spannungsdreiecks /." Wiesbaden VS, Verl. für Sozialwiss, 2007. http://deposit.d-nb.de/cgi-bin/dokserv?id=2854761&prov=M&dok_var=1&dok_ext=htm.

Gerapetritis, George. "The application of proportionality in administrative law : judicial review in France, Greece, England and in the European Community." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.308666.

Bobić, Ana. "The jurisprudence of constitutional conflict in the European Union." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:11f62d7d-3eba-43de-8d41-144ca733b1c0.

Xu, Zi Wei. "Legal standing of private parties within judicial reviews in the European Community : the missing piece in a complete system of remedies?" Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2099272.

Winckelmuller, Florie. "La mutation de la mise en état des affaires pénales à l'épreuve des droits européens." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA030/document.

Künnecke, Martina. "Towards similar standards of judicial protection against administrative action in England and Germany? : a comparison of judicial review of administrative action and the liability of public authorities under the influence of European laws." Thesis, University of Hull, 2002. http://hydra.hull.ac.uk/resources/hull:8314.

Sanchez, Yoan. "Le rôle des juges dans le contrôle de l'activité administrative. Etude comparée du recours pour excès de pouvoir et de la judicial review." Thesis, Orléans, 2017. http://www.theses.fr/2017ORLE0001/document.

Gaulard, Géraldine. "La pleine juridiction du juge de l’Union en droit de la concurrence." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0187.

Leturcq, Alexandra. "Proportionnalité et droits fondamentaux : recherches comparées sur le travail du juge américain au regard des expériences canadienne, sud-africaine et de la Cour européenne des droits de l'homme." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1006.

Péjout, Olivier. "La conditionnalité en droit des aides d'Etat." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0616/document.

Déchaux, Raphaël. "Les normes à constitutionalité renforcée : recherches sur la production du droit constitutionnel." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32074.

Pignarre, Pierre-Emmanuel. "La Cour de justice de l'Union européenne, juridiction constitutionnelle." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020018.

Dony, Marianne. "La responsabilité des pouvoirs publics en cas d'intervention dans une entreprise en difficulté." Doctoral thesis, Universite Libre de Bruxelles, 1990. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213118.

Gaillard, Fabien. "Le droit des sociétés à l’épreuve de la société privée européenne." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40013/document.

Kardimis, Théofanis. "La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.

Linden, Bénédicte. "Judicial review, a tool for judicial activism : a comparative study of France, the United States and the European Union." Thesis, 1988. http://hdl.handle.net/1961/5157.

Gomes, Olívia Cristina Marques. "O Tribunal de Justiça da União Europeia e o Tribunal Permanente de Revisão do Mercosul: emulação do modelo europeu?" Master's thesis, 2017. http://hdl.handle.net/1822/48021.

Gomes, Joana Duarte de Matos Gama. "A Invocabilidade dos Acordos Internacionais da União Europeia - Uma análise crítica da jurisprudência do Tribunal de Justiça da União Europeia quanto a invocabilidade dos acordos internacionais da União Europeia." Master's thesis, 2021. http://hdl.handle.net/10316/94381.

Martins, Patrícia Fragoso. "Rethinking access by private parties to the Court of Justice of the European Union : judicial review of union acts before and after the Lisbon Treaty." Doctoral thesis, 2012. http://hdl.handle.net/10400.14/12686.

Lišková, Monika. "Soudní dvůr Evropské unie jako správní soud." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-436082.

  • My Shodhganga
  • Receive email updates
  • Edit Profile

Shodhganga : a reservoir of Indian theses @ INFLIBNET

  • Shodhganga@INFLIBNET
  • University of North Bengal
  • Department of Law

Items in Shodhganga are licensed under Creative Commons Licence Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0).

Shodhganga

COMMENTS

  1. PDF Kadija Mona Saudatu Kabba Judicial Review: an essential tool for

    This dissertation examines judicial review in executive (administrative)1 action as an essential tool for curbing the excesses and abuse of delegated legislative powers in Sierra Leone based on the valid assumption that there is a system of administrative law due to a developed system of judicial review in Sierra Leone.

  2. PDF The University of Zambia

    JUDICIAL REVIEW: A MECHANISM FOR ATTAINING CONSTITUTIONALISM, WITH SPECIAL REFERENCE TO ZAMBIA ... writing this dissertation would have been a nightmare! Lastly, but not the least, I thank all those who have contributed directly and indirectly to the completion of this study. Words can express but a fraction of what moves the heart.

  3. PDF Szczaranski, Federico (2020) Adjudication in judicial review: an

    Abstract: The thesis focuses on Judicial Review of Legislation, exploring—with the aid of Robert Brandom's inferential semantics—the possibility of engaging in a properly judicial assessment of the constitutionality of a law.In order to do this, and after criticising the proportionality approach to the subject, it addresses both the

  4. PDF ESSAYS ON JUDICIAL REVIEW A Dissertation GARRETT NATHANIEL VANDE KAMP

    The existence of judicial review confronts scholars of political institutions, particularly scholars of law and judicial politics, with several important questions. Why ... A feat as large as a dissertation cannot be completed without incurring a substantial amount of debts. The most obvious debts are to my dissertation committee.

  5. PDF Electing State Court Judges: Harmonizing Democracy with Judicial Review

    This thesis examines whether judge elections and "judicial review"1 among state courts promote healthy governmental balance and democratic legitimacy. Legitimacy lies at the heart of Alexander M. Bickel's argument in The Least Dangerous Branch: The Supreme Court at the Bar of American Politics, where he considers how judicial review

  6. Judicial review in the contemporary world—Retrospective and prospective

    The common rationale or narrative for the rise of first wave judicial review is the catastrophe thesis associated with the lessons of World War II that transformed the constitutional order in Germany (1949), Italy (1948), and Japan (1947) and the transition from the catastrophe of dictatorship in Spain (1978) and Portugal (1982), and, later in ...

  7. Judicial review: A mechanism for attaining Constitutionalism, with

    The major findings of the research are as follows: firstly, judicial review is a mechanism through which constitutionalism can be attained because it ensures that actions or decisions undertaken by government conform to the Constitution, and other laws of the land. Secondly, the attitude the courts have towards judicial review affects the ...

  8. Introduction The Birth and Growth of Judicial Review: 1607-2020

    In endorsing the thesis that federalism and separation of powers umpiring lead to judicial review, I am agreeing, in part, with Professor Martin Shapiro who has set forth this theory in his splendid essay, "The Success of Judicial Review and Democracy" in the book On Law, Politics, & Judicialization. 5 I made this argument myself in 1995 ...

  9. Responsive Judicial Review: Democracy and Dysfunction in the Modern Age

    The idea of "responsive" judicial review encourages courts to engage with their own distinct institutional position, and potentially limits on their own capacity and legitimacy. Dixon explores ways this translates into the embracing of a "weakened" approach to judicial finality, compared to the traditional US-model of judicial supremacy ...

  10. Adjudication in judicial review: an inferential approach

    The thesis focuses on Judicial Review of Legislation, exploring—with the aid of Robert Brandom's inferential semantics—the possibility of engaging in a properly judicial assessment of the constitutionality of a law. In order to do this, and after criticizing the proportionality approach to the subject, it addresses both the nature of the question that is put forward in cases of review of ...

  11. PDF Judicial Review: an Effective Tool for Protecting the Freedom of

    restrict or eliminate judicial review will not find favor with the courts."4 Techniques of judicial review are often used to enforce the constitution. 5 1.1. METHODOLOGY In this paper, I shall argue that judicial review is an effective safeguard for protecting the freedom of expression in Uganda. I shall briefly describe the concept

  12. PDF Title: Judicial Review in England and Wales: a Constructive

    In this thesis I construct an interpretation of judicial review in England and Wales from the ground up based on an analysis of social practice in the Administrative Court. I argue that whilst judicial review provides a forum for debates about constitutional values and rights, and the inter-institutional

  13. PDF The Distracting Debate Over Judicial Review

    dron, Judicial Review, supra note 1, at 1352 (noting that "[it may still be the case that judicial review is necessary as a protective measure against legislative pathologies relating to sex, race, or religion in particular countries"). Crucially, Professor Waldron's case against judicial review presumes "a commitment on

  14. PDF Judicial Review Under Indian Constitution: Its Reach and Contents a

    Judicial review is a highly complex and developing subject. It has its roots long back and its scope and extent varies from case to case. It is considered as the basic feature of the Constitution. The court in its exercise of its power of judicial review would zealously guard the human rights, fundamental rights and the

  15. PDF Effectiveness of Judicial Review and Its Application in The Court

    I confirm that this dissertation is from entirely from my own findings and has never been produced by anybody else for any award in any institutions al sources and quotations have been ... judicial review finds its basis in the Constitution, the Judicature Act Cap 13 and the Judicature (Judicial Review) Rules 11/2009. Article 42 of the ...

  16. PDF Judicial Review in France

    Judicial Review in France by Martin M. Shapiro * Although the matter I am about to take up might normally be relegated to a footnote, it is so important that I prefer to present it in the text as an introduction. Alec Stone is a Ph.D. candidate at the University of Washington completing a dissertation on the Conseil Constitutionnel.

  17. Thesis List

    Brudzinski, Walter, NY (2009) "A Case Study of the Coast Guard Administrative Law Judge Program" (non-published thesis, available through the University of Nevada, Reno Library). Buchele, James P., KS (1988) "Justifying Real Property Tax Exemptions in Kansas", Washburn Law Journal27, No. 252, pgs.252-297, November 1988.

  18. PDF Judicial Review of International Commercial Arbitral Awards by ...

    The thesis concludes with a few observations on this trend of review by national courts both in the United States and in India while setting out that in order to preserve the scope and purpose of arbitration, it is desirable that the national courts desist from broadening the scope of judicial review beyond the statutory principles set out in the

  19. LLM Dissertation- 2015

    judicial review: a mechanism for attaining constitutionalism, with special reference to zambia by mukelabai lamaswala a dissertation submitted to the university of zambia in fulfilment of the requirements for the award of the master of laws (llm). ©september, 2015.

  20. Shodhganga@INFLIBNET: Analytical study of the judicial review of

    The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. Shodhganga@INFLIBNET. Panjab University. Department of Law.

  21. Application, Grounds and Remedies for Judicial Review

    Section 31 of the Senior Courts Act 1981 provides that applications for mandatory, prohibiting and quashing orders must be made by an application for judicial review. Injunctions can also be granted under section 31 (2) in judicial review cases. Section 31 (3) requires that permissions is needed for every application of judicial review.

  22. Dissertations / Theses: 'Judicial review, europe'

    The main finding of the thesis is that the system of judicial review of procedural acts of the EPPO, as prescribed in the Article 42 of the Regulation, does not comply with the Treaty framework of judicial review or the right to effective judicial protection enshrined in Article 47 of the Charter.

  23. Shodhganga@INFLIBNET: Judicial review under indian constitution its

    The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. Shodhganga@INFLIBNET. University of North Bengal. Department of Law.