Judicial review of environmental decisions is an important and growing area of public law. But although the general principles of judicial review have been clearly mapped out, their application to the particular context of the environment is under-explored.
Judicial review of environmental decisions is an important and growing area of public law. But although the general principles of judicial review have been clearly mapped out, their application to the particular context of the environment is under-explored. This book therefore s…
Présentation de l'éditeur : "In Judges and Unjust Laws, Douglas E. Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a …
"In Judges and Unjust Laws, Douglas E. Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the l…
With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageous laws, and a legal obligation on them to overturn it, consequent on the general common law obligation to develop the l…
This book examines the promise of a new model against its performance in practice by comparing judicial review under the Human Rights Act (HRA) of the UK to an exemplar of the old model of judicial review, the Indian Constitution. It argues that although the HRA fosters a more b…