Academic literature on the topic 'Judicial review of legislative acts'
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Journal articles on the topic "Judicial review of legislative acts"
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Sinani, Blerton. "Global Patterns of Constitutional Judicial Review Systems: Two Major Models of Constitutional Judicial Review in the World." Juridical Tribune - Review of Comparative and International Law 14, no. 1 (March 25, 2024): 156–73. http://dx.doi.org/10.62768/tbj/2024/14/1/10.
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Judicial constitutional review is an essential component of upholding constitutionalism, even though it is a relatively new concept outside the United States. The US Supreme Court set a precedent in 1803 in the Marbury v. Madison case by declaring legislative acts unconstitutional, which is widely regarded as the beginning of the principle or doctrine of judicial constitutional review. Since then, judicial constitutional review has become a widely accepted feature of most democratic legal systems. Comparative constitutional law recognizes two well-known models of judicial constitutional review: the American model of dispersed or decentralized review by ordinary courts and the constitutional Kelsen/European model of centralized review by a specialized constitutional court. Additionally, there are mixed or hybrid systems that combine elements of both models. Judicial constitutional review is an essential component of upholding constitutionalism, even though it is a relatively new concept outside the United States. The US Supreme Court set a precedent in 1803 in the Marbury v. Madison case by declaring legislative acts unconstitutional, which is widely regarded as the beginning of the principle or doctrine of judicial constitutional review. Since then, judicial constitutional review has become a widely accepted feature of most democratic legal systems. Comparative constitutional law recognizes two well-known models of judicial constitutional review: the American model of dispersed or decentralized review by ordinary courts and the constitutional Kelsen/European model of centralized review by a specialized constitutional court. Additionally, there are mixed or hybrid systems that combine elements of both models.
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van der Schyff, Gerhard. "Constitutional Review by the Judiciary in the Netherlands: A Bridge Too Far?" German Law Journal 11, no. 2 (February 11, 2010): 275–90. http://dx.doi.org/10.1017/s2071832200018526.
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One could be forgiven for thinking that constitutional review by the judiciary is invariably part of modern constitutionalism. Gone are the days that constitutions contained provisions that prevented the courts from testing the constitutionality of legislation, such as section 59 of South Africa's now repealed Constitution of 1961 that forbade the courts from inquiring into or pronouncing on the validity of legislation. It has come to be accepted in many quarters that a constitution presupposes judicial review in some form or another in gauging the integrity of legislation, instead of only relying on legislative wisdom as before. An attitude that echoes the views expressed inMarbury v. Madisonby Chief Justice Marshall of the United States Supreme Court, that by its very nature a written constitution implies judicial control. However, the Constitution of the Netherlands proves to be an exception in this regard, as section 120 states emphatically that:The constitutionality of Acts of Parliament and treaties shall not be reviewed by the courts.
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Judijanto, Loso, Zulfa Zainuddin, and Isnanto Bidja. "Analysis of the Role of the Constitution, Legislature, and Judiciary in Maintaining the Principles of Government Effectiveness in Indonesia." West Science Law and Human Rights 2, no. 01 (January 29, 2024): 45–52. http://dx.doi.org/10.58812/wslhr.v2i01.604.
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This research conducts a thorough document analysis to examine the roles of the Constitution, Legislature, and Judiciary in maintaining government effectiveness in Indonesia. The historical evolution of the Indonesian Constitution is explored, emphasizing its dynamic nature and adaptability to the nation's political and societal changes. The study delves into the separation of powers, constitutional safeguards, and specific provisions influencing government effectiveness. Legislative analysis scrutinizes key acts shaping government operations, emphasizing the role of the legislature in oversight and accountability. Judicial analysis focuses on judicial review, the enforcement of the rule of law, and the judiciary's contributions to legal precedents. Interactions between the three pillars are examined for collaborative synergies and potential challenges. Comparative perspectives and implications for policymakers and legal scholars are discussed, along with recommendations for enhancing government effectiveness. The research identifies future research directions, contributing to a nuanced understanding of the governance landscape in Indonesia.
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Timoshina, E. V., and A. A. Kraevsky. "Criteria for the normativity of interpretative legal acts in Russian judicial practice." Law Enforcement Review 6, no. 4 (December 25, 2022): 220–43. http://dx.doi.org/10.52468/2542-1514.2022.6(4).220-243.
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The subject. The article focuses on the concept of acts which clarify legislation and have normative properties (acts with normative properties, or ANPs). This concept was introduced in Russia’s procedural legislation in 2016 in order to allow such acts to be challenged by way of judicial review. ANPs are different from normative acts and, in accordance with the established doctrinal classification, can be described as interpretational acts.The purpose of the article is to examine the nature of ANPs and the way in which Russia’s courts decide judicial review claims which seek to challenge ANPs.The methodology includes interpretation of Russian procedural legislation and analysis of doctrinal researches on judicial review of ANP. The authors also analyze the materials of the empiric monitoring of judgments in ANP judicial review cases and ascertain the criteria of normativity which are relied upon by Russia’s courts when identifying ANPs and distinguishing between ANPs and other legal acts – primarily, between ANPs and normative acts. The main results, scope of application. The authors describe the drafting defects in the procedural legislation and maintain that the statutory definition of ANP lacks clarity. The authors put forward their own definition of ANP as distinguished from normative acts, on the one hand, and acts that apply legal norms, on the other hand. The authors argue that, in contrast to normative acts, ANPs not only lay down the will of the issuing authority, but also have a knowledge acquisition (cognitive inquiry) component in them. There is a logical and semantic link between the content of an ANP and the norms which are contained in a normative act and are interpreted by the ANP. In contrast to an act of legal application, the validity of an ANP depends not only on the competence of the authority that issued the ANP, but also on the validity of the normative act interpreted by the ANP. Further, acts of legal application, but not ANPs, establish a logical correspondence between individual objects and the general concepts used in legal norms.The authors also analyze the doctrinal works on judicial review of ANP. The scholars who criticize the introduction of this procedure in the legislation believe the concept of ANP to be superfluous for various reasons and argue that ANPs are either non-normative acts or defective normative acts. The authors of this article, however, maintain that the scholars who criticize the concept of ANP do not take into account the special nature of ANP normativity – i.e., normativity of interpretational acts. The authors put forward a hypothesis regarding the way in which courts are likely to treat ANP judicial review cases, describe the materials of the empiric monitoring, and then provide the statistical result of the said monitoring.Conclusions. The analysis of the content of judicial acts allowed the authors to identify five types of interpretational collisions between the original legislative norm and its interpretation (clarification) in an ANP. The reasoning of the courts was analyzed to reconstruct the criteria used by the courts to establish whether a challenged legal act has normative properties. The authors identified that the courts consider that there are two ways in which an ANP can acquire normative properties: either through the expression of the will of the issuing authority or through actual application of an ANP. The authors describe the criteria of both types of ANP.The authors conclude the article with the description of the main problems revealed during the monitoring and propose their possible solutions.
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McCorkindale, Christopher, and Janet L. Hiebert. "Vetting Bills in the Scottish Parliament for Legislative Competence." Edinburgh Law Review 21, no. 3 (September 2017): 319–51. http://dx.doi.org/10.3366/elr.2017.0433.
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In this article, Christopher McCorkindale and Janet Hiebert present the first empirical examination of the process by which bills in the Scottish Parliament undergo vetting for legislative competence. Based on a series of interviews with officials in the Scottish Government, Scottish Parliament and UK Government the paper makes a two-fold argument. First, that – despite the susceptibility of Acts of the Scottish Parliament to strong-form judicial review – the statutory requirement that the responsible minister and the Presiding Officer report to parliament on the competence of every bill, and the discretion of the Scottish and UK Government Law Officers to refer any bill to the Supreme Court before Royal Assent, align the devolution scheme with an emerging family of systems that favour legislative to judicial constitutional review. Second, that the deference shown by political actors to the advice of officials on questions of competence at each stage supplants legislative review – and its aspiration to engender a new culture of constitutional engagement – with a more closed form of bureaucratic review.
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Leonelli, Giulia Claudia. "Judicial Review of Compliance with the Precautionary Principle from Paraquat to Blaise: “Quantitative Thresholds,” Risk Assessment, and the Gap Between Regulation and Regulatory Implementation." German Law Journal 22, no. 2 (March 2021): 184–215. http://dx.doi.org/10.1017/glj.2021.3.
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AbstractThis Article frames the precautionary principle as an inner limit to the EU institutions’ broad discretion in the field of EU risk regulation, contextualizing recourse to the principle against the more encompassing backdrop of socially acceptable risk approaches. On these grounds, it inquires to what extent the precautionary principle may be successfully invoked in challenges to acts which are deemed insufficiently protective. The opening sections set the ground for the analysis. The third section analyzes challenges to regulatory acts, arguing that the Court has followed a quantitative threshold approach. This is legally tenable and appropriate; however, it cannot do justice to the true nature of the precautionary principle. The following sections analyze cases involving legislative acts. This includes an in-depth examination of the recent Blaise case, which has put judicial review of compliance with the precautionary principle under the spotlight. Against this overall background, this Article concludes that judicial review can hardly do justice to the precautionary principle, as applicable to the risk management process and underpinning EU legislative frameworks. It will ultimately rest on EU risk managers and EU legislators to ensure that the principle is applied and that its overarching goals are pursued.
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Susło, Joanna. "Granice umocowania prokurenta samoistnego." Przegląd Prawa i Administracji 115 (February 26, 2019): 57–67. http://dx.doi.org/10.19195/0137-1134.115.4.
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DELIMITATION OF ACTIONS UNDERTAKEN BY AN INDEPENDENT PROXYThe article presents the scope of an independent proxy authorization and reviews the provisions where a controversy arises in academic interpretation. The paper primarily focuses on the exemplification of the acts performed by the proxy by regrouping those acts into judicial, non-judicial and commercial ones. Finally, the author draws attention to a catalogue of the activities that can be undertaken by an independent proxy provided that he receives the special power of attorney. The catalogue placed in the Civil Code is not clear for both: the judiciary and the doctrine, thus it should be changed by the legislator. This study provides the readers with de lege ferenda solutions on the legislative vacuum of the independent proxy regulation.
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Bernaziuk, O. O. "Judicial precedent in the legal system of Ukraine: modern approaches to the definition of the concept." Uzhhorod National University Herald. Series: Law 1, no. 80 (January 22, 2024): 403–10. http://dx.doi.org/10.24144/2307-3322.2023.80.1.60.
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The article reveals the modern concept of a legal opinion of the Supreme Court and substantiates the opinion that such an opinion is characterized by a significant number of signs of judicial precedent.
A review of scientific approaches to understanding the place and role of court precedent in general and its presence in the legal system of Ukraine was conducted. It has been clarified which features of the legal position of the Supreme Court give it the properties of a judicial precedent, and also the ever-increasing importance of knowledge and use of the legal positions of the Supreme Court in the activities of all civil servants, lawyers, as well as representatives of other professions who apply the relevant norms in their work has been proven legislation.
Based on the review of scientific concepts and approaches to understanding the concept of “judicial precedent”, the author proposed an improved definition of this concept. It has been proven that a judicial precedent (stare decisis) is a legal conclusion formulated during the consideration of a specific case in the decisions of the courts of higher instance regarding the method of application of the norm of substantive or procedural law. It is argued that the judicial precedent is designed to ensure the formation of a unified approach in matters of interpretation of this norm, resolution of contradictions or gaps in legislative regulation, and is mandatory for application when courts resolve disputes in similar legal relationships.
The author proved that judicial precedent is a source of judicial law-making, in the process of which a new rule of law (rule of conduct) is not created, but a mandatory method of applying the rule of law is determined, a unified approach to resolving contradictions between norms of legislative acts (overcoming conflicts) or filling gaps in legislative regulation. It is argued that a certain exception can be considered legal conclusions formed in the process of applying the analogy of law and analogy of law by the court to normalize the established gap in the legislative regulation of certain social-administrative legal relations.
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Iristian, Yovan. "Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia." Journal of International Multidisciplinary Research 2, no. 3 (March 31, 2024): 214–34. http://dx.doi.org/10.62504/jimr390.
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Within the context of the Indonesian legal system, this study investigates the crucial function that judicial review plays in ensuring that administrative procedures are lawful and that justice is served. This study sheds light on the techniques, processes, and issues that are involved with judicial review in relation to administrative acts. It does so by conducting a comprehensive analysis of judicial decisions, legal precedents, and legislative frameworks. The paper provides an in-depth analysis of the development of judicial review in Indonesia, following its historical progression and analysing the current state of affairs. Through an in-depth analysis of administrative decisions, it examines the role that the court plays in ensuring that administrative procedures are valid, preserving a system of checks and balances, and protecting fundamental rights. The impact of judicial review on administrative institutions and the legal landscape is also investigated in this study. Particular attention is paid to the role that judicial review plays in promoting openness, accountability, and adherence to the rule of law for administrations. The purpose of this research is to give useful insights into the efficient operation of Indonesia's administrative governance and the improvement of justice in administrative procedures. This is accomplished by casting light on the junction between judicial review and administrative law.
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Werkmeister, Christoph, Stephan Pötters, and Johannes Traut. "Regulatory Acts within Article 263(4) TFEU–A Dissonant Extension of Locus Standi for Private Applicants." Cambridge Yearbook of European Legal Studies 13 (2011): 311–32. http://dx.doi.org/10.5235/152888712801753022.
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AbstractThe Treaty of Lisbon introduced an extension of locus standi for private claimants by amending Article 263(4) TFEU. The provision contains a new third variant for actions against ‘regulatory acts which do not entail implementing measures’. However, it is far from clear to what extent the existing framework has actually been reformed. The CJEU has not yet had the opportunity to define the term ‘regulatory act’. In our view, this term has to be interpreted narrowly. It merely encompasses non-legislative acts enacted under Articles 290 and 291 TFEU. Those subordinate legal acts are characterised by a lack of democratic legitimacy, which justifies a lower threshold for judicial review. Hence, the possibilities for an action for annulment remain limited for private applicants. Effective remedies against legal acts of EU law are provided primarily by the courts of the Member States. The tentative reforms brought by the Treaty of Lisbon did not change the decentralised structure of the EU’s judicial system.
Dissertations / Theses on the topic "Judicial review of legislative acts"
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Grogan, John. "Emergency law: judicial control of executive power under the states of emergency in South Africa." Thesis, Rhodes University, 1989. http://hdl.handle.net/10962/d1003189.
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This work examines the legal effects of a declaration of a state of emergency under the Public Safety Act 3 of 1953 and the exercise of legislative and administrative powers pursuant thereto. The general basis of judicial control over executive action and the various devices used to limit or oust the court's jurisdiction are set out and explained. Against this background, the courts' performance of their supervisory role under the special circumstances of emergency rule is critically surveyed and assessed. The legal issues raised by the exercise of emergency powers is examined at the various levels of their deployment: first, the declaration of a state of emergency; second, the making of emergency regulations; third, their execution by means of administrative action, including detention, banning, censorship and the use of force. The major cases concerning emergency issues, both reported and unreported, are analysed in their appropriate contexts, and an overview provided of the effects of emergency regulations and orders on such freedoms as South Africans enjoy under the 'ordinary' law. Finally, an attempt is made to assess how these decisions have affected the prospect of judicial review of executive action, both in the emergency context and in the field of administrative law generally. The conclusion is that, however far the Appellate Division may appear to have gone towards eliminating the role of the law in the emergency regime, grounds remain for the courts to exercise a more vigorous supervisory role should they choose to do so in future.
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Magalhâes, Pedro C. "The limits to judicialization legislative politics and constitutional review in the Iberian democracies /." Connect to this title online, 2003. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1046117531.
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Thesis (Ph. D.)--Ohio State University, 2003.Title from first page of PDF file. Document formatted into pages; contains xvii, 398 p.: ill. Includes abstract and vita. Advisor: Richard Gunther, Dept. of Political Science. Includes bibliographical references (p. 364-398).
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Blom, Christian. "Judicial review of regulatory acts : new prospects for private applicants after the Lisbon reform." Thesis, Stockholms universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-115495.
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Thackeray, Vincent Gregory. "Inconsistencies in the rights of review of the merits of Commonwealth administrative decisions /." [St. Lucia, Qld.], 2001. http://adt.library.uq.edu.au/public/adt-QU20020821.171741/index.html.
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Zarei, Mohammad Hossein. "The applicability of the principles of Judicial review to the delegated legislative powers of ministers." Thesis, University of Manchester, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.496373.
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Magalhães, Pedro C. "The Limits to Judicialization: Legislative Politics and Constitutional Review in the Iberian Democracies." The Ohio State University, 2003. http://rave.ohiolink.edu/etdc/view?acc_num=osu1046117531.
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Angiolucci, Maria de Lurdes Aparecida Trujillo. "O controle judicial dos atos administrativos discricionários e a jurisprudência." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-21082017-153306/.
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O presente trabalho de pesquisa tem por objetivo analisar algumas das inúmeras decisões do Supremo Tribunal Federal e do Superior Tribunal de Justiça, bem como do Tribunal de Justiça de São Paulo, em matéria de controle jurisdicional dos atos administrativos discricionários e verificar se é possível identificar mudança substancial nos limites desse controle. O trabalho foi dividido em duas partes, sendo a primeira constituída por uma pesquisa bibliográfica destinada, essencialmente, a situar o tema da discricionariedade administrativa, num enfoque conceitual e histórico. A segunda parte refere-se à pesquisa sobre o tema na jurisprudência do Supremo Tribunal Federal, Superior Tribunal de Justiça, Tribunal de Justiça de São Paulo e, ainda, no acórdão relativo à apelação cível nº. 1.422 do Tribunal de Justiça do Rio Grande do Norte, cuja relatoria ficou a cargo de Miguel Seabra Fagundes. Os atos administrativos discricionários, por muito tempo foram considerados insindicáveis pelo Poder Judiciário, ou seja, imunes à apreciação jurisdicional. Contudo, é possível identificar o surgimento de alguns parâmetros jurídicos que objetivaram restringir a atividade administrativa discricionária, inserindo-a, sob determinados aspectos, no âmbito da apreciação jurisdicional. O balizamento inicial restringiu-se à lei, permanecendo o mérito do ato administrativo intocado. Nesse processo de tentativa de contenção dos atos administrativos discricionários desenvolveram-se teorias de controle, como a teoria do desvio de poder e a teoria dos motivos determinantes. Cite-se, também, a teoria dos conceitos jurídicos indeterminados e, mais recentemente, a teoria da vinculação dos atos administrativos aos princípios constitucionais. O mérito do ato administrativo é o espaço que ainda suscita algumas controvérsias. A pesquisa jurisprudencial foi realizada, em sua maioria, diretamente nos sítios do Tribunal respectivo. Nota-se, ao analisar a jurisprudência, que há uma tendência no STF e no STJ em acolher a tese de uma apreciação mais ampla pelo Poder Judiciário, como foi o caso do Resp 429570/GO, cuja relatoria ficou a cargo da Ministra Eliana Calmon; se bem que é ainda, bastante comum, os acórdãos explicitarem que não cabe apreciação pelo judiciário sob o aspecto da conveniência e oportunidade do ato administrativo, ou seja, do mérito do ato.This research aims to examine some of the numerous decisions of the Supremo Tribunal Federal and Superior Tribunal de Justiça, as well as the Tribunal de Justiça de São Paulo, regarding judicial control of discretionary administrative acts and verify that is possible to identify substantial change in the limits of this control. The work was divided into two parts, the first consisting of a literature research aimed essentially to place the issue of administrative discretion, in a conceptual and historical focus. The second part refers to research on the topic in the jurisprudence of the Supremo Tribunal Federal, Superior Tribunal de Justiça, Tribunal de Justiça do Estado de São Paulo and also in the judgment on the civil appeal nº. 1422 of the Tribunal de Justiça do Rio Grande do Norte, whose rapporteur was entrusted to Miguel Seabra Fagundes. Discretionary administrative acts were long disregarded by the judiciary, in other words immune to judicial review. However, it is possible to identify the rise of some legal parameters that aimed to restrict the discretionary administrative activity by inserting it, in certain respects, within the scope of judicial review. The initial marking was restricted to the law, remaining the substance of the administrative act untouched. In this process to attempt to contain discretionary administrative acts were developed theories of control, as the deviation of power and the theory of determinants reasons. Is mentioned, too, the theory of indeterminate legal concepts and, more recently, the theory of binding administrative acts to constitutional principles. The merit of the administrative act is the space that still shows some controversies. The jurisprudential research was conducted, for the most part, directly on the websites of the respective Court. It is noted, when considering the case law, that there is a trend in the STF and STJ to welcome the idea of a wider appreciation by the judiciary, like was the case Resp 429570/GO, whose rapporteur was in the responsibility of the Minister Eliana Calmon, although it is still quite common, the judgments stating that it is not for consideration by the judiciary under the aspect of convenience and opportunity of the administrative act, in other words, the act of merit.
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Plasket, Clive. "The fundamental right to just administrative action: judicial review of administrative action in the democratic South Africa." Thesis, Rhodes University, 2003. http://hdl.handle.net/10962/d1003208.
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For most of its existence South African administrative law has been shaped by the doctrine of parliamentary sovereignty – the heart of the constitutional order from 1910 to 1994 – and a racist political system that favoured the white minority at the expense of the black majority. In these circumstances, the rules of administrative law were of limited use in protecting the individual from exercises of administrative power that infringed fundamental human rights, often on a grand scale. On 27 April 1994, however, a new political and constitutional order came into existence that swept away the very foundations of the old order: parliamentary sovereignty was replaced by constitutional supremacy and the racial exclusivity of the old order was replaced by a commitment to equality, freedom and dignity in a democratic state. A justiciable Bill of Rights was at centre stage in this new order. That Bill of Rights includes a fundamental right to just administrative action. It is both the new constitutional order and this rather unusual fundamental right that have changed the nature of South African administrative law. This thesis examines the effect of the fundamental right to just administrative action on the law and practice of the judicial review of administrative action. It does so principally by examining the legal position before and after 27 April 1994 with particular reference to: what is meant by administrative action; the exercise of administrative power by private bodies regulated by the rules of administrative law, on the one hand, and exercises of private power regulated by rules of private law, on the other; the rules of standing, the notion of justiciability and the constitutionality of rules that seek to limit the right of the individual to approach a court to review administrative action; the meaning and scope of the right to lawful, reasonable and procedurally fair administrative action, in terms of the common law, the Constitution and the Promotion of Administrative Justice Act 3 of 2000; the meaning, scope and efficacy of the rights to reasons for administrative actions and of access to information; the procedure of judicial review and remedies that may be granted for the infringement of a person’s right to just administrative action; and conclusions and recommendations with regard to progress made in the construction of South Africa’s new, democratically based, administrative law.
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Sillay, Stephanie L. "Arbitral veto authority, legislative bargaining, and patterns of consensus formation an exploration of abstract judicial review and referenda as legislative arbitrators in Hungary and Switzerland /." [Bloomington, Ind.] : Indiana University, 2008. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3344600.
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Thesis (Ph.D.)--Indiana University, Dept. of Political Science, 2008.Title from home page (viewed on Oct 6, 2009). Source: Dissertation Abstracts International, Volume: 70-02, Section: A, page: 0678. Adviser: Michael D. McGinnis.
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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.
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The European Public Prosecutor’s Office (the EPPO), established under enhanced cooperation by a Council Regulation (the Regulation), will be the first supranational criminal law enforcement body in the European Union (the EU) with direct powers visà-vis individuals. It will be responsible for investigating, prosecuting and bringing to judgments the perpetrators of offences against the Union’s financial interests. Measures taken by the EPPO may therefore seriously interfere with fundamental rights of individuals. As the EU is based on the rule of law, an effective judicial review of the acts produced by the EPPO is essential in order to allow individuals to protect their rights and legitimate interests against unlawful and arbitrary decision-making. In accordance with the Treaty framework of judicial review, the main rule in EU law on the division of jurisdiction between national courts of the Member States and the Court of Justice of the European Union (the CJEU) is that acts adopted by Union institutions and bodies are to be reviewed by Union courts, while acts adopted by national institutions and bodies are to be reviewed by the national courts. Although the EPPO is an indivisible Union body, the judicial review of the procedural acts of the EPPO will first and foremost be a task for the national courts according to Article 42 of the Regulation. Since it follows from the hierarchy of norms that secondary law must comply with primary law, this thesis examines whether the system of judicial review of procedural acts of the EPPO, as prescribed in Article 42 of the Regulation, complies with the Treaty framework of judicial review and the right to effective judicial protection enshrined in Article 47 of the Charter of Fundamental rights of the European Union (the Charter). 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.
Books on the topic "Judicial review of legislative acts"
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Palop, Andrés Boix. Las convalidaciones legislativas. Madrid [Spain]: Iustel, 2004.
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Renders, David. La consolidation législative de l'acte administratif unilatéral. Bruxelles: Bruylant, 2003.
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Mathieu, Bertrand. Les " validations" législatives: Pratique législative et jurisprudence constitutionnelle. Paris: Economica, 1987.
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Enterría, Eduardo García de. Legislación delegada, potestad reglamentaria y control judicial. 3rd ed. Madrid: Editorial Civitas, 1998.
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Júlio César dos Santos Esteves. Responsabilidade civil do Estado por ato legislativo. Belo Horizonte: Del Rey, 2003.
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Universidad de Chile. Fundación Facultad de Derecho. La Jurisdicción contencioso-administrativa: Decisiones legislativas al año 2001. Santiago, Chile: Universidad de Chile, Facultad de Derecho, Fundación, 2001.
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Medeiros, Rui. Ensaio sobre a responsabilidade civil do Estado por actos legislativos. Coimbra: Livraria Almedina, 1992.
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Gutiérrez, Ignacio Gutiérrez. Los controles de la legislación delegada. Madrid: Centro de Estudios Constitucionales, 1995.
Find full textBook chapters on the topic "Judicial review of legislative acts"
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Савчин, Неля Миколаївна. "Глава 16. Теоретичні та практичні аспекти апеляційного перегляду судових рішень у цивільному судочинстві україни та необхідність вдосконалення законодавства, що його регламентує." In Серія «Процесуальні науки», 560–95. Київ, Україна: Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-770-5-4-16.
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The main guarantee of the right to judicial protection was and remains the possibility of reviewing a court decision. Appellate proceedings are an important guarantee of achieving the goals and tasks of civil justice, ensuring its legality. In our opinion, appellate proceedings are the most flexible, most operative form of appeal and review of court decisions, which is capable of effectively controlling the everyday practice of courts of first instance. Only within the limits of appeal proceedings can it be possible to detect, correct and prevent all possible violations of legal norms in the activity of lower level courts and their results. It is proposed to legislate in the Civil Procedure Code of Ukraine the following definition of the concept of appellate proceeding – this is the activity of an appellate court regulated by civil procedural law regarding a filed appeal against a decision of a court of first instance, which has not gained legal force, which is due to the illegality and (or) unreasonableness of the court decision, regarding the preparation for the appellate review and its adoption of a decision on the justice or injustice of the contested decision or resolution with the possibility of a new decision.It has been proven that the implementation of the right to appeal court decisions, their review by higher courts guarantees the legality of these decisions, is a means of ensuring and protecting the rights and legitimate interests of the participants in the court proceedings and other persons whose interests it concerns. Ensuring the right to an appeal and review of a court decision by an appellate court should be considered as an inalienable right of a person to judicial protection.It was determined that the appellate review consists of two parts: 1) preparation of the case for consideration, which aims to ensure a correct and quick resolution of the case; 2) consideration of the case by the appellate court, during which the case is directly reviewed and the legality and reasonableness of court decisions are checked. All powers of the appellate court can be divided into two groups: those related to the annulment of the decision and those not related to the annulment of the decision. An analysis of the norms of civil procedural legislation allows us to distinguish the following types of acts of the court of appeal: resolutions; determinations; decisions.
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Rosenbloom, David H. "Judicial and Legislative Review of Administrative Action." In Administrative Law for Public Managers, 163–98. 3rd ed. New York: Routledge, 2022. http://dx.doi.org/10.4324/9781003303176-7.
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Waldhoff, Christian. "On Constitutional Duties to Give Reasons for Legislative Acts." In Rational Lawmaking under Review, 129–51. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-33217-8_6.
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Pócza, Kálmán, Márton Csapodi, Gábor Dobos, and Attila Gyulai. "Constitutional review and judicial-legislative relations in established democracies." In Constitutional Review in Western Europe, 1–25. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003399490-1.
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Shaw, Jo. "Judicial Review of the Acts of the Institutions." In Law of the European Union, 315–42. London: Macmillan Education UK, 1996. http://dx.doi.org/10.1007/978-1-349-14127-2_12.
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Pócza, Kálmán, Márton Csapodi, Gábor Dobos, and Attila Gyulai. "Constitutional review and judicial-legislative relations in new democracies." In Constitutional Review in Central and Eastern Europe, 1–27. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003399483-1.
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Volpato, Annalisa. "The acts of the delegate and their judicial review." In Delegation of Powers in the EU Legal System, 201–32. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003174004-6.
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Luchtman, Michiel. "Forum Choice and Judicial Review Under the EPPO’s Legislative Framework." In Shifting Perspectives on the European Public Prosecutor's Office, 155–70. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-216-3_10.
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Moens, Gabriël A., and John Trone. "Subsidiarity as Judicial and Legislative Review Principles in the European Union." In Ius Gentium: Comparative Perspectives on Law and Justice, 157–83. Dordrecht: Springer Netherlands, 2014. http://dx.doi.org/10.1007/978-94-017-8810-6_9.
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Oliver-Lalana, A. Daniel. "Legislative Deliberation and Judicial Review: Between Respect and Disrespect for Elected Lawmakers." In Conceptions and Misconceptions of Legislation, 207–41. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-12068-9_9.
Full textConference papers on the topic "Judicial review of legislative acts"
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Burton, Richard. "Judicial Review in Acts on Financial Information Access for Taxation Interest." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303657.
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Fedorov, Roman, and Dmitry Pixin. "On the question of the independence of the judicial branch in the theory of separation of powers." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/252-258.
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The article is devoted to the principles of independence and independence of the judiciary from the executive and legislative branches of government. The problems of the system of checks and balances in the theory of separation of powers are analyzed. Forecasts are made on the effect of levers of pressure in relation to the courts from other authorities. The article analyzes certain legal acts concerning the interaction of the judiciary with other branches of government.
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Vuytsik, Anastasia M. "The Activities of a Representative Lawyer in the Review of Judicial Acts in Civil Proceedings." In XIV Итоговая студенческая научная конференция. Санкт-Петербург: Санкт-Петербургский институт (филиал) ВГУЮ (РПА Минюста России), 2022. http://dx.doi.org/10.47645/9785604755136_195.
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Ferdiles, Lucky, and Azis Budianto. "A Judicial Review of the Application Restorative Justice Principle in Efforts to Resolve Criminal Acts Who Committed by Childs Law." In Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia. EAI, 2022. http://dx.doi.org/10.4108/eai.30-10-2021.2315785.
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REN, LE. "FORMATION LOGIC AND PERFECTION PATH OF ADMINISTRATIVE LITIGATION PROSECUTION SYSTEM." In 2023 9TH INTERNATIONAL SYMPOSIUM ON SOCIAL SCIENCE. Destech Publications, Inc., 2023. http://dx.doi.org/10.12783/dtssehs/isss2023/36075.
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Administrative litigation endows citizens, legal persons, or other organizations with the right to appeal to the court for protection when their legitimate rights and interests are illegally infringed by public power. The administrative litigation prosecution system is the preface to the operation of the judicial rights relief. China’s administrative litigation prosecution system has experienced a transformation from a case-filing review system to a case-filing registration system. Meanwhile, “difficulty in prosecution” has been alleviated. However, the number of administrative litigation prosecution cases has increased sharply. Therefore, the setting and review of the prosecution threshold should be clarified by judicial relief. With the time limit for prosecution in administrative litigation as a vital procedural threshold in prosecution conditions, we should ensure the dynamic balance between the protection of litigation rights and judicial efficiency. It’s also necessary to study its functional orientation and special system of time limit for prosecution, such as the time limit for prosecution of invalid litigation. The administrative litigation prosecution system is constantly improved in theory and practice. The reform and development of the registration system should take the legislative purpose value of the prosecution system as the starting point. At the same time, attention should be paid to the protection of personal interests and the maintenance of administrative order.
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Pleps, Jānis. "Konstitūcijas pārākuma princips." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.21.
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The principle of supremacy of constitution is a mandatory requirement of the existence of the written constitution in the relevant legal system. This principle allows to ensure the supreme legal force and enforcement of the constitution in the legal and social reality. In the Latvian legal system, the principle of supremacy of constitution is recognized as a general principle of law and consequence of the principle of rule of law. This concept was developed after proclamation of the Republic of Latvia and existed as an unwritten norm without special provision in the text of constitution. The principle of supremacy of constitution recognizes the constitution as a legal act with supreme legal force and requires for all other legal acts to be compatible with the constitution. It is forbidden to apply legal norms which do not comply with the constitution. As a legal act with supreme legal force, the constitution cannot be amended with ordinary legislative acts. The principle of supremacy of constitution requires mechanisms of constitutional review in the legal system.
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Shitikova, A. V., S. S. Bazhenova, and V. O. Lyakina. "Prospects for the Develropment of Organic production of Crop product." In Растениеводство и луговодство. Тимирязевская сельскохозяйственная академия, 2020. http://dx.doi.org/10.26897/978-5-9675-1762-4-2020-181.
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The results of an analytical review of the prospects for the development of organic production are presented. The organic food market is one of the most dynamically developing in the world. It has grown more than fivefold over the past decade. In connection with the entry into force of the Federal law "on organic products and on amendments to certain legislative acts of the Russian Federation" (2018), which is aimed at creating conditions for the sustainable development of organic agriculture in Russia in order to provide the domestic market with domestic environmentally friendly food products, through the implementation of the country's natural and economic potential, the intensification of agricultural production will allow Russia to become one of the world market leaders in "ecological agriculture"products.
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Lukenge, Richard, Kin Wai Michael Siu, Sylvia Liu, and Zi Yang. "Micromobility: Challenges and prospects for Electric Mobility Devices (EMDs) in Hong Kong." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002452.
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In recent years, electric mobility devices (EMDs) have become popular in major cities across the globe. Whereas many cities have embraced and integrated this new form of urban green mobility into their public transport systems, in Hong Kong, the growing popularity of EMDs is being met with growing public and government concern about their safety. To address these concerns, the government proposed the EMD regulatory framework to manage their use in such a densely populated and mountainous city. The judicial definition of EMD in the current Hong Kong Road Traffic Ordinance (Cap. 374) considers devices such as unicycles, e-scooters, hoverboards, and electric bicycles as motor vehicles that are prohibited on the roadways, footpaths, and street flex zones. Referring to the transport review of the Hong Kong Legislative Council Panel conducted on June 19, 2020, in this study, we examine the costs and benefits of using EMDs in such a densely populated city. Furthermore, we argue that less populous outlying islands could offer more suitable trial locations to integrate these innovative “first-last mile” micro vehicles. This article contributes to the existing EMD body of knowledge by highlighting the benefits and challenges with specific emphasis on Hong Kong’s EMD proposed framework.
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Tallova, Lydie. "VALIDITY AND LEGAL EFFECT OF PUBLISHING LICENSE AGREEMENTS ACCORDING TO NEW CZECH LEGISLATION." In NORDSCI Conference Proceedings. Saima Consult Ltd, 2021. http://dx.doi.org/10.32008/nordsci2021/b2/v4/26.
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"This contribution focuses on the new legislation on the publishing license agreement in the Czech Republic. Given the legislative history and its importance in the copyright obligation area, this type of agreement occupies an essential position. The publishing license agreement is the oldest kind of license agreement. It dates back more than sixty years to earlier of the Czech legislation. Since 1953, it has been embedded in the the copyright law as a special subtype of copyright agreements. After the recent reform of the Czech private law, this legal body underwent a fundamental legislative change consisting of the transfer of this piece of legislation from the copyright law to the New Civil Code in order to unify the duality of the previous license agreement legislation formerly embedded in two legal norms of the Czech legal system. While the license provisions for literary, artistic and scientific works were contained in the copyright law provisions, the legal protection for industrial property objects, including corresponding license provisions, were subject to the commercial code. In connection with the private law reform, the New Civil Code came into effect on 1 January 2014 and its framework provided the lawmakers with a chance to unify the previously fragmented license agreement legislation into a single legal provision, while at the same time respecting the particularities of the license under copyright law. The unified license agreement legislation for commercial and civil relations in connection with the reform of local private law is newly defined in Sec. 2358 and 2389 of New Civil Code (Act No. 89/2012 Sb.), while the publishing license agreement provisions are defined in a special provision in Sec. 2384 and 2386 thereof. The new legislation has adopted the previous legislation from both special acts without any fundamental changes. However, minor changes are introduced to licensing law in the Czech Republic which are further specified in this paper. The issue under review is set in a theoretical framework and simultaneously depicted in a historical context. This paper presents the topic in its complexity by highlighting the overlap of the introduced changes in license agreement legislation with other provisions of the private law."
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Alawaq, Abdulhamid. "constitutional inflation." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp1-17.
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One of the methods that the authority uses to empty the constitutional text of its content and prevent it from achieving its goal is its resort to the two phenomena of “constitutional inflation” in sites that the nation does not need, and “constitutional failure” in sites that are expected from the text to protect public rights and freedoms or prevent an authority from overpowering the rest of the authorities. This is how the authority did in the Syrian constitution of 2012. It resorted to both phenomena together to achieve its goal of using the constitution as a tool and not as a control of the authority’s work. If legislative inflation is clear to legal jurisprudence, constitutional inflation is shrouded in ambiguity, so it resorted to a procedural definition of the research paper and considered every constitutional rule that does not bear the status of binding as a type of inflation. then I applied this definition to the general principles contained in the Syrian constitution in 32 articles, unlike democratic constitutions, which are shortened to articles regulating the general principles of the state. It became clear to me that only five articles are binding and the rest are non-binding guiding articles that are not suitable for reliance on judicial review. I have studied the rule (Islamic jurisprudence is a major source of legislation) in Syria and Egypt, and it has become clear to me that the authority intends to put it into place as a kind of distraction from paying attention to the rest of the constitution’s rules regulating public liberties and powers, even though the constitutional doctrine considers them to be non-binding. The struggle between the components of the people is still going on when drafting any constitution on general principles, most of which do not carry legal value.
Reports on the topic "Judicial review of legislative acts"
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Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2021. http://dx.doi.org/10.54813/uzav2714.
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The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.
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Technical Guidelines to Facilitate the Implementation of Security Council Resolution 2370 (2017) and Related International Standards and good Practices on Preventing Terrorists from Acquiring Weapons. UNIDIR, March 2022. http://dx.doi.org/10.37559/caap/22/pacav/03.
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Terrorist acquisition of different types of weapons, including Small Arms and Light Weapons (SALW), their corresponding ammunition, improvised explosive device (IED) components, and uncrewed aerial systems (UAS) and components, poses a global threat to international peace and security. Preventing such acquisitions by terrorists presents States and the international community as well as communities of practitioners with a set of complex and multifaceted challenges. In March 2022, the UN Counter-Terrorism Committee Executive Directorate (CTED), United Nations Counter-Terrorism Centre (UNCCT) of the UN Office of Counter-Terrorism (UNOCT) and UNIDIR launched the “Technical guidelines to facilitate the implementation of Security Council resolution 2370 (2017) and related international standards and good practices on preventing terrorists from acquiring weapons”. The technical guidelines have been developed under a joint project implemented by CTED, working on behalf of the UN Global Counter-Terrorism Coordination Compact Working Group on Border Management and Law Enforcement relating to Counter-Terrorism, funded by UNCCT and co-implemented by UNCCT and UNIDIR. With the adoption by the Security Council of its resolution 2370 (2017), the Council reaffirmed its previous decision in resolution 1373 (2001) that all States should refrain from providing any form of support to those involved in terrorist acts, including by eliminating the supply of weapons – including SALW, military equipment, UAS and their components, and IED components – to those involved in terrorist acts. The Security Council urged Member States to act cooperatively to prevent terrorists from acquiring weapons and called upon them to become party to related international and regional instruments. Resolution 2370 is the first Security Council resolution specifically dedicated to preventing terrorists from acquiring weapons. The technical guidelines have been developed as part of a broader project that seeks to facilitate and support the implementation of resolution 2370 (2017), relevant subsequent resolutions, good practices, and international standards. The technical guidelines aim at contributing to the enhancement of Member States’ legislative, strategic, and operational capacities to prevent, detect and counter the acquisition, illicit trafficking and use of different weapons, systems, and components. These technical guidelines are non-binding and should be considered living working reference document. They are also expected to form a basis for dialogue at different levels, including among regional and national stakeholders in their efforts to assess, develop, review, and refine regional and national measures to prevent terrorist acquisition of weapons. Following roll-out, application and use, the document will be subject to modifications, revisions, and updates, based on feedback received from States and the technical communities of practice.