Judicial Review of Legislation: A Comparative Study of the United Kingdom, the Netherlands and South Africa
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
Judicial Review of Legislation: A Comparative Study of the United Kingdom ...
Gerhard van der Schyff
No preview available - 2011
abstract review acts of parliament adopted allowing amended apply argued BCLR bench Bill of Rights binding Cambridge centralised civil and political common law concrete review Constitutional Court Constitutional Law constitutional review constitutionalism Convention on Human Convention right Council country’s Court of Human decentralised review decide decision declaration of incompatibility delegated legislation democracy democratic Dutch enforced European Convention European Court example fundamental rights Gerhard Halsema Proposal higher law Hoge Raad Human Rights Act Ibid international law interpretation judges judicial review judiciary jurisdiction Kortmann legislative process legislature limited Majesty’s Attorney majoritarian matter means Netherlands and South ofjudicial paras Parliamentary Proceedings parliamentary sovereignty people’s rights political rights principle protection provisions question recognised review of bills review of legislation Schyff section 120 section 94 separation of powers socio-economic rights South Africa Springer Science+Business Media strong review supra note Supreme Court toetsing tradition treaty review United Kingdom weak review