scholarly journals Kári á Rógvi, West-Nordic Constitutional Judicial Review: A Comparative Study of Scandinavian Judicial Review and Judicial Reasoning (Copenhagen: Djøf Publishing, 2013)

2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Rachael L. Johnstone
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Faroe Islands ◽  
Legal Studies ◽  
Legal Literature ◽  
The Common ◽  
Judicial Reasoning ◽  
The University ◽  
Constitutional Judicial Review ◽  
Selection Of

West-Nordic Constitutional Judicial Review is based on Kári á Rógvi’s doctoral dissertation, defended in 2009 at the University of Iceland with the esteemed Eivind Smith and Guðmundur Alfreðsson as thesis opponents. It provides an excellent account of judicial review in the West-Nordic tradition (Norway, Denmark, Iceland, the Faroe Islands and Greenland) based on a selection of ‘leading cases, reminiscent of the common law approach to legal studies. As such, it is something of a novelty in the Nordic legal literature and a long overdue supplement to what Kári laments as the staid legal treatises that form the basis of Nordic legal educations (323-335).

Has the Common Law a Future?

1997 ◽  
Vol 56 (2) ◽  
pp. 291-314 ◽  
Author(s):  
Jack Beatson
Keyword(s):  
Common Law ◽  
Environmental Issues ◽  
Administrative Law ◽  
Public Order ◽  
The Public ◽  
Legal Studies ◽  
Vice Chancellor ◽  
Law Faculty ◽  
The Common ◽  
The University

I must begin with a few words about my predecessor in the Rouse Ball chair, Sir David Williams. David Williams has had a career of outstanding service to legal studies, to universities, in particular Cambridge, and to the wider public. After completing his studies, he became one of the formidable group at the University of Nottingham's Law Faculty. He went on to Oxford—he has told me that he went there as a missionary—and during his time there produced his pathbreaking books on official secrets and public order, Not in the Public Interest and Keeping the Peace. He was, it must be said, not the only Cambridge public lawyer-missionary in Oxford. Sir William Wade was also there. By 1967 it appears that two missionaries were no longer required, and David Williams returned to Cambridge. In 1982 he succeeded Wade—by now also back in Cambridge—as Rouse Ball Professor. He has been an important presence in the world of administrative law and his contribution to environmental issues has been enormous. We are delighted that now he has laid down the burdens of office as Vice-Chancellor he has returned to the Faculty— albeit to a different chair.

Liberating Malawi's Administrative Justice Jurisprudence from Its Common Law Shackles

2011 ◽  
Vol 55 (1) ◽  
pp. 105-127 ◽  
Author(s):  
Danwood Mzikenge Chirwa
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
The Common ◽  
The Right ◽  
Administrative Justice

AbstractThe 1994 Malawian Constitution is unique in that it, among other things, recognizes administrative justice as a fundamental right and articulates the notion of constitutional supremacy. This right and the idea of constitutional supremacy have important implications for Malawi's administrative law, which was hitherto based on the common law inherited from Britain. This article highlights the difficulties that Malawian courts have faced in reconciling the right to administrative justice as protected under the new constitution with the common law. In doing so, it offers some insights into what the constitutionalization of administrative justice means for Malawian administrative law. It is argued that the constitution has altered the basis and grounds for judicial review so fundamentally that the Malawian legal system's marriage to the English common law can be regarded as having irretrievably broken down as far as administrative law is concerned.

The Implementation of Constitutional Reform in the United Kingdom: Principles and Problems

1995 ◽  
Vol 29 (4) ◽  
pp. 551-564
Author(s):  
Dawn Oliver
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Common Law ◽  
Public Law ◽  
Constitutional Reform ◽  
Academic Literature ◽  
The United Kingdom ◽  
The Common ◽  
Executive Agencies ◽  
The Relationship

First, I want to express my gratitude and sense of honour in being invited to deliver the Lionel Cohen lecture for 1995. The relationship between the Israeli and the British legal systems is a close and mutually beneficial one, and we in Britain in particular owe large debts to the legal community in Israel. This is especially the case in my field, public law, where distinguished academics have enriched our academic literature, notably Justice Zamir, whose work on the declaratory judgment has been so influential. Israeli courts, too, have made major contributions to the development of the common law generally and judicial review very notably.In this lecture I want to discuss the process of constitutional reform in the United Kingdom, and to explore some of the difficulties that lie in the way of reform. Some quite radical reforms to our system of government — the introduction of executive agencies in the British civil service, for instance—have been introduced without resort to legislation. There has been a spate of reform to local government and the National Health Service.

The Diffuse and Second Look Models of Judicial Review

2021 ◽  
pp. 23-34
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
Latin America ◽  
Judicial Review ◽  
Common Law ◽  
The United States ◽  
Constitutional Court ◽  
Bill Of Rights ◽  
The United Kingdom ◽  
Second Look ◽  
The Common

This chapter examines the two models of judicial review that exist in the common law countries: the Diffuse Model and the Second Look Model. The Diffuse Model of judicial review originated in the United States and has spread to India, Canada, Australia, the United Kingdom, most of the countries of Latin America, the Scandinavian countries (except for the Netherlands), and Japan. It is premised on the idea that a country’s written constitution is its supreme law and that courts, when deciding cases or controversies that are properly before them, are thus duty-bound to follow the constitution, which is supreme law, and not a contrary statute whenever those two items conflict. Meanwhile, the essence of the Second Look Model of judicial review is that a Supreme or Constitutional Court ought to have the power of judicial review, subject to some kind of legislative power of override. This, it is said, best harmonizes the advantages of a written constitution and a bill of rights enforced by courts with the imperatives of democratic self-government. The underlying goal is to obtain the advantages of both constitutional government and also of democratic government.

Ruggle's Ignoramus and Humanistic Criticism of the Language of the Common Law

1977 ◽  
Vol 30 (3) ◽  
pp. 341-350 ◽  
Author(s):  
E. F. J. Tucker
Keyword(s):  
Common Law ◽  
James I ◽  
Inns Of Court ◽  
Chief Justice ◽  
The Common ◽  
The University

According to contemporary observers, George Ruggle's Ignoramus, first staged at Cambridge in March 1614, enjoyed an immense success, or notoriety, both at the university and at “Whitehall while it sent shockwaves through the Inns of Court and infuriated Sir Edward Coke, Lord Chief Justice of the King's Bench. The comedy was apparently conceived as an attack upon Francis Brackyn, Recorder of Cambridge and constant adversary of the university, but because of its brilliant and merciless satire of legal jargon, the play achieved a universality which aided James I and the civilian lawyers in their jurisdictional struggles against Coke and the common law bench.

A Selection of Cases on Evidence at the Common Law

1926 ◽  
Vol 24 (3) ◽  
pp. 321
Author(s):  
V. H. Lane ◽  
James Bradley Thayer ◽  
John MacArthur Maguire
Keyword(s):  
Common Law ◽  
The Common ◽  
Selection Of
Sign in / Sign up

Export Citation Format

Share Document