scholarly journals Government Contract Bid Protests: Judicial Review and the Role of the Court of Claims

1972 ◽  
Vol 39 (4) ◽  
pp. 814
Author(s):  
Ronald A. Cass
Keyword(s):  
Judicial Review ◽  
Government Contract

WHAT ARE CONSTITUTIONS, AND WHAT SHOULD (AND CAN) THEY DO?

2010 ◽  
Vol 28 (1) ◽  
pp. 1-24 ◽  
Author(s):  
Larry Alexander
Keyword(s):  
United States ◽  
Judicial Review ◽  
Constitutional Law ◽  
The United States ◽  
United States Constitution ◽  
Moral Rights ◽  
Constitutional Change ◽  
Principal Function ◽  
Fundamental Law

AbstractA constitution is, as Article VI of the United States Constitution declares, the fundamental law of the land, supreme as a legal matter over any other nonconstitutional law. But that almost banal statement raises a number of theoretically vexed issues. What is law? How is constitutional law to be distinguished from nonconstitutional law? How do morality and moral rights fit into the picture? And what are the implications of the answers to these questions for such questions as how and by whom should constitutions be interpreted? These are the issues that I shall address.Alexander proceeds as follows: In section I he takes up law's principal function of settling controversies over what we are morally obligated to do. In section II he then relate law's settlement function to the role of constitutional law. In particular, he discusses how constitutional law is distinguished from ordinary law, and he also discusses the role of constitutions in establishing basic governmental structures and enforcing certain moral rights. In section III he addresses the topic of constitutional interpretation, and in section IV the topic of judicial review. Finally, in section V, he discusses constitutional change, both change that occurs through a constitution's own rules for amendments and change that is the product of constitutional misinterpretations and revolutions.

The Role of Courts in Rifted Democracies

1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Review ◽  
Public Life ◽  
The Political ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court ◽  
Harsh Criticism

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.

scholarly journals The Role Of The Institution Of Judicial Review In Ensuring The Independence Of The Judiciary

2021 ◽  
Vol 03 (06) ◽  
pp. 67-73
Author(s):  
Dilshod Aripov Urinboevich ◽  
Keyword(s):  
Law Enforcement ◽  
Judicial Review ◽  
Fair Trial

This article discusses the role of the institute of judicial review in ensuring the independence of the judiciary; its importance in ensuring the rights and freedoms of citizens; its differences from fair trial; its types and forms of implementation; its subjects and objects; its purpose and content; its characteristics of execution through legal and disciplinary norms; its functions in law enforcement, regulation, organizational maintenance, education; as well as its prospects in strengthening the independence of the judiciary from other branches of government.

scholarly journals Jurisdição Constitucional como mecanismo de emancipação social: uma abordagem a partir de decisões da Corte Constitucional colombiana sobre direitos sociais

2020 ◽  
pp. 124-149
Author(s):  
Alessia Barroso Lima Brito Campos Chevitarese ◽  
Ana Borges Coêlho Santos ◽  
Camila Nascimento de Souza
Keyword(s):  
Judicial Review ◽  
Social Situation ◽  
Vulnerable Groups ◽  
Social Rights ◽  
Constitutional Court ◽  
The Social ◽  
Socially Vulnerable Groups

RESUMOO artigo tem por objetivo analisar a efetividade da jurisdição constitucional como mecanismo de emancipação social de determinados grupos a partir de decisões da Corte Constitucional colombiana. Nesse sentido, busca-se compreender a tutela dos direitos sociais, conforme o disposto na Constituição Colombiana de 1991, e os desafios de implementação dos direitos previstos, bem como o contexto de desenvolvimento de um protagonismo mais acentuado da Corte Constitucional colombiana. O estudo investiga se as progressistas decisões da citada Corte são capazes de modificar positivamente a situação social de grupos socialmente vulneráveis, com a finalidade de ponderar, nesse contexto, o papel da jurisdição constitucional na efetividade dos direitos sociais dos jurisdicionados.PALAVRAS-CHAVECorte Constitucional da Colômbia. Emancipação social. Efetividade dos direitos sociais. ABSTRACTThe article aims to analyze the effectiveness of judicial review as a mechanism of social emancipation of certain groups based on decisions of the Colombian Constitutional Court on social rights. In this sense, we seek to understand the protection of social rights, in accordance with the Colombian Constitution of 1991 and the challenges of implementing the rights envisaged, as well as the context of developing a more prominent role of the Colombian Constitutional Court. The study investigates whether if the progressive decisions of the aforementioned Court are capable of positively changing the social situation of socially vulnerable groups, in order to consider, in this context, the role of constitutional jurisdiction in the effectiveness of the social rights.KEYWORDSColombian Constitutional Court. Social emancipation. Effectiveness of social rights.

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis.

2021 ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Judicial Independence ◽  
The Rule Of Law ◽  
European Dimension

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis is not a typical celebratory book offered to the dedicatee for an academic jubilee. The studies offered to Professor Mirosław Wyrzykowski present the readers with essays analysing the most pressing problems of modern constitutionalism in its European dimension. The primary themes of the book are topics dear to Wyrzykowski: the rule of law, human rights, the crooked paths of European constitutionalism, and last, but not least, one that binds them all: judicial independence and judicial review, as well as the role of the courts in upkeeping the rule of law.

The Impact of the Human Rights Act on Advocacy

2013 ◽  
Author(s):  
Rabinder Singh
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Third Party ◽  
Human Rights Act ◽  
The Impact

This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not revolutionary: the HRA has fitted into the existing legal landscape and has not required radical changes to the rules on procedure and evidence. It examines four areas in which its impact can be felt: the nature of the evidence required in human rights cases; disclosure and candour in judicial review proceedings; the increased need for cross-examination of witnesses; and the role of third-party interveners because human rights cases tend to raise issues of importance to the wider public. Finally, it examines the increasing importance of international law in domestic cases, which can be attributed in part to the impact of the HRA.

Standards of Judicial Review of Administrative Action (1890–1910) in the Austro-Hungarian Empire

2021 ◽  
pp. 41-72
Author(s):  
Angela Ferrari Zumbini
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Public Affairs ◽  
Main Theme ◽  
Administrative Procedure ◽  
Administrative Action ◽  
General Principles Of Law ◽  
Liberal Approach ◽  
The Right

This chapter argues that, if France has been the home of administrative courts, Austria has greatly contributed to the development of administrative law with regard to administrative procedure. Thanks to the Austrian Administrative Court, established in 1875, administrative law has been increasingly important in the regulation of public affairs. The chapter analyses the causes, development, and effects of these features. One main theme is, of course, the scope and purpose of judicial review of administrative action. In this respect, the chapter shows the growth of litigation and the liberal approach followed by the Court. Moreover, the role of the Court as lawmaker is examined in the light of the general principles of law that it developed. . Such principles included legality and procedural fairness, with particular regard to the right to a hearing and the duty to give reasons. Considered as a whole, they required public administrations to act reasonably rather than arbitrarily. Finally, it was judge-made law that constituted the basis for the codification of 1925.

scholarly journals LEMBAGA JUDICIAL REVIEW UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR : PERBANDINGAN ANTARA KEWENANGAN MAHKAMAH KONSTITUSI KOREA SELATAN DENGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA

2016 ◽  
Vol 5 (2) ◽  
pp. 368
Author(s):  
Joseph Atja Sulandra ◽  
Anak Agung Ngurah Roy Sumahardika
Keyword(s):  
South Korea ◽  
Judicial Review ◽  
Constitutional Court ◽  
Advantages And Disadvantages ◽  
The Republic ◽  
The Guardian

This study aimed to compare the profile and authority of the Constitutional Court of South Korea with the Constitutional Court of the Republic of Indonesia, which is granted by its Constitution and related laws. The aim is to see how far the role of the Constitutional Court of the Republic of Indonesia as an institution of judicial review, so that it can also note the advantages and disadvantages in its function as the guardian of the constitution. Penelitian ini bertujuan untuk membandingkan profil dan kewenangan Mahkamah Konstitusi Korea Selatan dengan Mahkamah Konstitusi Republik Indonesia, yang diberikan oleh Undang-Undang Dasar serta Undang-Undang terkait. Tujuannya adalah untuk melihat seberapa jauh peran Mahkamah Konstitusi Republik Indonesia sebagai Lembaga Judicial Review Undang-undang terhadap Undang-Undang Dasar, sehingga dapat dilihat kelebihanan dan kekurangannya masing-masing dalam fungsinya sebagai lembaga pengawal konstitusi.

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