From unwritten to written: transformation in the British common-law constitution.

From: Vanderbilt Journal of Transnational Law | Date: May 1, 2003| Author: Jenkins, David | Copyright information

ABSTRACT

This Article posits that the British Constitution is changing by incorporating written principles that restrain Parliament through judicial review. The Author asserts that this constitutional model has basis in the common law and the orthodox theories of Blackstone and Dicey. In addition, the ultra vires doctrine supports the model and provides a basis for judicial review of Parliament. As constitutions may accommodate written and unwritten elements of law, as w...

Related newspaper, magazine, and journal articles from HighBeam Research

The corporate origins of judicial review.
Yale Law Journal ; INTRODUCTION I. REPUGNANCY AND CORPORATIONS A. Corporations and Bylaws B. Limits on Bylaws C. Constitutional Limits on Corporate Bylaws II. REPUGNANCY, COLONIAL LAW, AND THE CONSTITUTION A. The Colonial Constitution and Repugnancy B. American Constitutions and Repugnancy C. The United States
Cognitive loafing, social conformity, and judicial review of agency rulemaking.(administrative law)
Cornell Law Review ; INTRODUCTION The use of decisionmaking theories that go beyond the economic model of the rational actor has long been part of the study of administrative agencies. Herb Simon, the Nobel laureate economist, whom psychologists also like to recognize as one of their own, started developing his theory
The Case of the Prisoners and the origins of judicial review. (1782 case in Virginia of Commonwealth v. Caton)
University of Pennsylvania Law Review ; ... discussion of the matter before the court of appeals that a shorthand way of describing judicial review developed. In letters and news accounts alike it was described simply as the great constitutional question. (45) When the court convened on October 29, 1782 ...
The paths of the law: historical consciousness, creative democracy, and judicial review.
Albany Law Review ; INTRODUCTION As our nation approaches the turn of our third century, there has been a resurgence of the philosophy born in the turbulent crucible of the late nineteenth century--American Pragmatism.(1) Accompanying this reawakening is a reexamination of the jurisprudence of Oliver Wendell Holmes,
The core of the case against judicial review.
Yale Law Journal ; ESSAY CONTENTS INTRODUCTION I. DEFINITION OF JUDICIAL REVIEW II. FOUR ASSUMPTIONS A. Democratic Institutions B. Judicial Institutions C. A Commitment to Rights D. Disagreement About Rights III. THE FORM OF THE ARGUMENT IV. OUTCOME-RELATED REASONS A. Orientation to Particular Cases B. Orientation to
Rip Van Winkle in Charterland.(most compelling theory of judicial review)(Canada)
The Advocate ; RETURN FROM THE WILD In which the author leaves a brutal land and comes home to a brutal class. This story is about the experiences and observations of an intrepid constitutional law professor upon returning to Charterland after a decade of wandering through the political wilds of Canada's west
Does interest group theory justify more intrusive judicial review?
Yale Law Journal ; Contents Introduction 32 I. Interest Group Theory and the Proposals to Change Judicial Review 35 A. Interest Group Theory 35 B. The Proposals to Change Judicial Review 44 II. Interest Group Theory Cannot Demonstrate Process Defects Independent of Normative Conclusions About the Outcomes 48 A. The
Federalism and the double standard of judicial review.(US Supreme Court)
Duke Law Journal ; ... 1993). (257.) ELY, supra note 32, at 101-03. (258.) A recent ABC News--Beliefnet poll found that public support for abortion rights ... hardly making pro-choicers an Ely-esque oppressed minority. World News Tonight (ABC television broadcast, July 2, 2001), available at ...
Judicial review before Marbury.
Stanford Law Review ; INTRODUCTION I. BACKGROUND II. REVOLUTIONARY-ERA CASE LAW A. Jury Trial Cases B. Rutgers v. Waddington C. Symsbury Case D. Case of the Prisoners E. Conclusion: Different Interpretive Approaches for Different Statutes III. STATE COURTS 1N THE EARLY REPUBLIC A. Challenges Not Implicating Judicial
Some alarming aspects of the legacies of judicial review and of John Marshall.
William and Mary Law Review ; My assigned tasks at this Symposium were to speak about the legacy of judicial review in general, and the legacy of Chief Justice John Marshall in particular. As originally delivered, my remarks were divided into two ten-minute discussions on these topics, and I have combined, revised, and