Kapak Resmi

Deference to the Executive?

The book examines the changing approach of courts in reviewing foreign affairs decisions of the executive. Traditionally, the judiciary awarded deference to executive decisions in that area, a notion that clashes with the idea of general judicial oversight in the modern constitutional state. As the...

Ful tanımlama

Kaydedildi:
Materyal Türü: Online
Dil:İngilizce
Baskı/Yayın Bilgisi: Nomos Verlagsgesellschaft mbH & Co. KG 2025
Konular:
USA; Germany; South Africa; Supreme Court; Foreign Affairs; deference; separation of powers in foreign affairs; Standing; non-reviewability; suggestions; Certifications; Doctrines of discretion; reduced level of review; Reduced levels of scrutiny; Saarstatut; Washington Agreement; Sanchez Llamas and Hamdan; Chevron
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general::LNDC Law: Human rights and civil liberties::LNDC5 History of constitution and comparative constitutional law
Online Erişim:https://directory.doabooks.org/handle/20.500.12854/149561
Etiketler: Etiketle
Etiket eklenmemiş, İlk siz ekleyin!
Özet:The book examines the changing approach of courts in reviewing foreign affairs decisions of the executive. Traditionally, the judiciary awarded deference to executive decisions in that area, a notion that clashes with the idea of general judicial oversight in the modern constitutional state. As the problem is often looked at solely from a national angle, this thesis chooses a comparative approach taking into account the development in three democratic countries to identify general trends as well as differences. Thereby, it shows the development of a new judicial approach, which does not per se defer to executive assessments in the field.

Benzer Materyaller