Judicial Review of Legislation A Comparative Study of the United Kin
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This dev
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IUS GENTIUM COMPARATIVE PERSPECTIVES ON LAW AND JUSTICE VOLUME 5
Series Editor Mortimer Sellers (University of Baltimore) James Maxeiner (University of Baltimore)
Board of Editors Myroslava Antonovych (Kyiv-Mohyla Academy) Nadia de Araujo (Pontifical Catholic University of Rio de Janeiro) ´ Jasna Bakšic-Mufti c´ (University of Sarajevo) David L. Carey Miller (University of Aberdeen) Loussia P. Musse Felix (University of Brasília) Emanuel Gross (University of Haifa) James E. Hickey Jr. (Hofstra University) Jan Klabbers (University of Helsinki) Claudia Lima Marques (Federal University of Rio Grande do Sul) Aniceto Masferrer (University of Valencia) Eric Millard (Paris-Sud University) Gabriël Moens (Murdoch University, Australia) Raul C. Pangalangan (The University of the Philippines) Ricardo Leite Pinto (Lusíada University of Lisbon) Mizanur Rahman (University of Dhaka) Keita Sato (Chuo University) Poonam Saxena (University of New Delhi) Gerry Simpson (London School of Economics) Eduard Somers (University of Ghent) Xinqiang Sun (Shandong University) Tadeusz Tomaszewski (University of Warsaw) Jaap W. de Zwaan (Netherlands Inst. of Intrntl. Relations, Clingendael)
JUDICIAL REVIEW OF LEGISLATION A COMPARATIVE STUDY OF THE UNITED KINGDOM, THE NETHERLANDS AND SOUTH AFRICA By GERHARD VAN DER SCHYFF
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Dr. Gerhard van der Schyff School of Law Tilburg University PO Box 90153 5000 LE Tilburg The Netherlands [email protected]
ISBN 978-90-481-9001-0 e-ISBN 978-90-481-9002-7 DOI 10.1007/978-90-481-9002-7 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2010927880 © Springer Science+Business Media B.V. 2010 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Foreword
Since Pericles and Ephialtes in 462 BC carried through the Athenian Assembly an act formally depriving the Areopagus – the ancient court of the Archons – of much of their jurisdiction and political influence, the relationship between the judiciary and the legislature has been near the heart of constitutional government in democracies. What are the proper limits on judicial power and how far may the judiciary call the legislature to account? This book with its study of the judicial review of legislation in three jurisdictions shines a light into that heart. The three jurisdictions studied are well chosen. On the one hand, there is the United Kingdom with its sovereign Parliament that admits no challenge to its authority. So, in principle, in the UK there can be no judicial review of legislation (apart from subordinate legislation made under delegated powers). But there is als
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