All listings for this product
About this product
- DescriptionThe Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and ecomic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.
- Author BiographyDavid M. Beatty is Professor of Law at the University of Toronto.
- Author(s)David M. Beatty
- PublisherOxford University Press
- Date of Publication21/07/2005
- SubjectLaw: General & Reference
- Place of PublicationOxford
- Country of PublicationUnited Kingdom
- ImprintOxford University Press
- Content Noteblack & white illustrations
- Weight315 g
- Width157 mm
- Height235 mm
- Spine13 mm
Best-selling in Non-Fiction Books
- AU $61.65New
- AU $7.64New
- AU $20.61New
- AU $33.28New
- AU $29.94New
Save on Non-Fiction Books
- AU $59.99Trending at AU $61.65
- AU $3.99Trending at AU $7.65
- AU $40.94Trending at AU $51.58
- AU $29.54Trending at AU $29.94
- AU $56.80Trending at AU $63.10
- AU $49.30Trending at AU $52.75
- AU $26.83Trending at AU $30.82
This item doesn't belong on this page.
Thanks, we'll look into this.