Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea. In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions--through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system's responsiveness to democratic majority understandings. The idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a 'weakened' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality, and an embrace of 'weak DS strong' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.
From Free to Fair Markets' proposes a new vision of liberalism coming out of the COVID-19 pandemic. An accessible articulation of a new economic path for liberal societies, this book addresses problems of economic disadvantage, stagnation, inequality, and climate change, and simultaneously emphasizes the importance of markets in ensuring the efficiency and sustainability of policy solutions. With concrete policies and practical steps, Rosalind Dixon and Richard Holden's proposal for future of liberalism offers a new way to think about economic policy that is fair and capable of responding to the challenges of a post-COVID world.
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
From Free to Fair Markets' proposes a new vision of liberalism coming out of the COVID-19 pandemic. An accessible articulation of a new economic path for liberal societies, this book addresses problems of economic disadvantage, stagnation, inequality, and climate change, and simultaneously emphasizes the importance of markets in ensuring the efficiency and sustainability of policy solutions. With concrete policies and practical steps, Rosalind Dixon and Richard Holden's proposal for future of liberalism offers a new way to think about economic policy that is fair and capable of responding to the challenges of a post-COVID world.
From Free to Fair Markets' proposes a new vision of liberalism coming out of the COVID-19 pandemic. An accessible articulation of a new economic path for liberal societies, this book addresses problems of economic disadvantage, stagnation, inequality, and climate change, and simultaneously emphasizes the importance of markets in ensuring the efficiency and sustainability of policy solutions. With concrete policies and practical steps, Rosalind Dixon and Richard Holden's proposal for future of liberalism offers a new way to think about economic policy that is fair and capable of responding to the challenges of a post-COVID world.
Horror tales about land law are passed from one generation of students to the next. These tales are much exaggerated. Although the subject is not without its complexities, a student who approaches it logically should find it to be one of the most fascinating and rewarding areas of the law.
When Jane Ryan discovers she's pregnant with twin girls, she faces a heart wrenching decision. On her own and unable to afford to care for both babies, she sees no choice but to keep one and give up the other for adoption. But fourteen years later, Jane's decision comes full circle. "Family is everything." It's one of the first things Isabel, the twin Jane gave up, says when they unexpectedly meet. Without warning, she and her adoptive mother have moved to the town where Jane and her daughter, Harper, live. But are they really family? In the throes of a willful adolescence, Harper is as sullen as Isabel is eager to please. Still, the sisters appear to bond quickly--until unsettling things begin to happen. Disturbing pranks, questionable accidents, strange ailments. Are the girls allies, or enemies? Is Harper acting out, or is Isabel not all she seems? Soon, Jane is convinced there is something darker at work than sibling rivalry. But who is to blame, and is this only the beginning? In a novel that is both suspenseful and deeply emotional, Rosalind Noonan explores the complex challenges of motherhood, and of truly knowing what lies in another's heart--even those we love best.
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