scholarly journals Judicial Review of Labor Arbitration Awards: A Second Look at Enterprise Wheel and Its Progeny

1977 ◽  
Vol 75 (5/6) ◽  
pp. 1137 ◽  
Author(s):  
Theodore J. St. Antoine
Keyword(s):  
Judicial Review ◽  
Second Look ◽  
Labor Arbitration

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.

The forms, functions, and varieties of weak(ened) judicial review

2019 ◽  
Vol 17 (3) ◽  
pp. 904-930
Author(s):  
Rosalind Dixon
Keyword(s):  
Judicial Review ◽  
Weak Form ◽  
Political Context ◽  
Actual Practice ◽  
Constitutional Amendment ◽  
Core Concept ◽  
Second Look ◽  
Multiple Dimensions ◽  
Constitutional Analysis

Abstract The concept of “weak” judicial review is now a core concept in comparative constitutional analysis. Yet the relative weakness of judicial review will depend on a variety of factors, including the availability of formal mechanisms for legislative override or limiting courts’ jurisdiction, the difficulty of constitutional amendment, the scope of judicial review both in first- and second-look cases, and the actual practice of legislators and judges in a jurisdiction. The strength of judicial review is therefore not a true binary but rather a concept that spans multiple dimensions and a question of degree rather than kind. The desirability of weak as opposed to strong or even super-strong forms of review will likewise depend on a range of factors, which can and do vary across time and different contexts. This article thus aims to unpack the concept of weak-form review with a view to sharpening our understanding of both its internal complexity and relationship to questions of broader political context.

A Second Edition and a Second Look at Community Psychology

1985 ◽  
Vol 30 (8) ◽  
pp. 627-628 ◽  
Author(s):  
Stanley Lehmann
Keyword(s):  
Community Psychology ◽  
Second Look

Taking a Second Look: Reflecting on LGBT Parents and Families

PsycCRITIQUES ◽  
2013 ◽  
Vol 58 (26) ◽  
Author(s):  
Richard Niolon
Keyword(s):  
Second Look
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