rights and democracy essays in uk-canadian constitutionalism

conclusion: the development has been driven much more by domestic electoral competition than by genuine idealism, when political elites whose influence is waning vest power in independent courts. References, canadian Journal of Law Jurisprudence. It is the subject of books with titles such as The Global Expansion of Judicial Power,14 The Judicialization of Politics,15 and Towards Juristocracy.16. This shift of focus to normative argument is at the expense of contextual diagnosis, which remains valuable in questioning whether constitutional strategies can restrain private power in the name of substantive equality. Earce and eddes, Statutory Interpretation in Australia (Butterworths, 5th ed, 2001 131. It follows that the power of judges to interpret and enforce these rights is the power to decide a vast number of controversial questions of public policy, and in a system of strong judicial review, to substitute their decisions for those reached by lawmakers elected. Vernon Bogdanor argues that the first past the post system no longer yields majority rule either at national nor at constituency level.33 This is because no single-party elected government is likely to represent more than 35 of the voters, while the formation of a multi-party.

Social Democracy and the Limits of Rights Constitutionalism



rights and democracy essays in uk-canadian constitutionalism

rights and democracy essays in uk-canadian constitutionalism

See also D Oliver, Parliament and the Courts: A Pragmatic (or Principled) Defence of the Sovereignty of Parliament, in A Horne, G Drewry and D Oliver (eds Parliament and the Law (Hart Publishing, 2013 309. The Canadian Journal of Law and Jurisprudence, Vol. I hold the judiciary in this country in the highest regard. The principle of legislative supremacy was not unique to Britain. For a considerable time, judicial power has been expanding at the expense of legislative and executive powers, and promises to continue to. There is much to admire in modern administrative law, although the continuing expansion of judicial review may now be going too far.