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...
Salvato in:
| Natura: | Online |
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| Lingua: | inglese |
| Pubblicazione: |
Nomos Verlagsgesellschaft mbH & Co. KG
2025
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| Soggetti: | |
| Accesso online: | https://directory.doabooks.org/handle/20.500.12854/149561 |
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| _version_ | 1869516135515291648 |
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| collection | Directory of Open Access Books |
| description | 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. |
| format | Online |
| id | doab-20.500.12854ir-149561 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Nomos Verlagsgesellschaft mbH & Co. KG |
| publisherStr | Nomos Verlagsgesellschaft mbH & Co. KG |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1495612025-01-09T16:11:40Z Deference to the Executive? 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 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. 2025-01-09T16:11:37Z 2025-01-09T16:11:37Z 2024 book 9783756010790 https://directory.doabooks.org/handle/20.500.12854/149561 eng Beiträge zum ausländischen öffentlichen Recht und Völkerrecht image/png Attribution 4.0 International https://www.nomos-shop.de/de/p/deference-to-the-executive-gr-978-3-7560-1079-0 https://doi.org/10.5771/9783748943853 Nomos Verlagsgesellschaft mbH & Co. KG 10.5771/9783748943853 10.5771/9783748943853 20c8b06d-3b2b-4af2-acda-fbcfdfea5744 ac885813-7c64-474c-8b30-55138fb0e3dd 9783756010790 336 434 Baden-Baden Max-Planck-Gesellschaft Max Planck Society 10.13039/501100004189 open access |
| spellingShingle | 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 Deference to the Executive? |
| title | Deference to the Executive? |
| title_full | Deference to the Executive? |
| title_fullStr | Deference to the Executive? |
| title_full_unstemmed | Deference to the Executive? |
| title_short | Deference to the Executive? |
| title_sort | deference to the executive |
| topic | 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 |
| topic_facet | 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 |
| url | https://directory.doabooks.org/handle/20.500.12854/149561 |