Judicial Review of Judicial Appointments in Germany

Judicial Review Before Marbury

While scholars have long probed the original understanding of judicial review and the early judicial review case law, this Article presents a study of the judicial review case law in the United States before Marbury v. Madison that is dramatically more complete than prior work and that challenges previous scholarship on the original understanding of judicial review on the two most critical dime...

Comparative Reasoning and Judicial Review

Judicial Security in pre trial stage in iran criminal law and Judicial precedent

Judicial Security is the concept based on which the reputation, life, property and all material and intellectual rights of the Human Being are protected by law and keep guarded by the Judiciary Power. Creating such an environment means observing some criteria by which the legal protection goal, namely reaching legal justice, is realized. Securing justice protection for all and the equal protect...

Judicial Review and Non - Enforcement at The

Can the President refuse to enforce a law he deems unconstitutional? Take the Affordable Care Act. The Supreme Court upheld the provision in the Act mandating that individuals purchase health insurance, but leading Republicans continue to press the view that the law is unconstitutional. Suppose one such Republican captures the presidency in 2016. His first act in office is to recommend legislat...

Judicial Independence in Europe

• Understanding to what extent judicial independence is adhered to in various jurisdictions requires a theoretical framework of what the principle entails. On a preliminary analysis, the principle can be said to require the following: judicial systems must be free, in fact and appearance, from any undue influence that might prevent judges from adjudicating legal disputes solely on the basis of ...