Courts and Political Institutions: A Comparative View by Tim Koopmans PDF

By Tim Koopmans

ISBN-10: 0521533996

ISBN-13: 9780521533997

ISBN-10: 0521826624

ISBN-13: 9780521826624

The frontier among "law" and "politics" isn't really consistently uncomplicated. even supposing courts are allowed to operate greatly, governments and parliaments may also make self sustaining judgements. Tim Koopmans compares the best way American, British, French and German legislations and politics deal with diversified concerns. for instance, hugely "political" topics in a single state might represent felony matters in one other. Koopmans considers case legislations in quite a number concerns, together with human rights safeguard, federalism, separation of powers, and the influence of eu and overseas legislation.

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15 To put it another way, my method will consist in identifying some of the fundamental questions of public law in the four systems I propose to investigate; trying to find the opposing answers to each of these questions; and locating the four systems on the line between the two polar answers. The advantage of this method is that it can first give abstract answers, not encumbered by the compromises which characterize real life; but it then allows us to look into legal systems as they actually work and to measure the distance they keep from the abstract answers.

When ‘colonial charters’ had been enacted for the different colonies by Act of Parliament, regulations issued by the colonial authorities were held to be ultra vires if they were not compatible with the charter. This compatibility was ultimately assessed by a British court, as appeals from colonial courts of appeal could always be brought to the Privy Council in London. Even in the early nineteenth century, the Privy Council held that colonial laws could not stand if they were opposed to the colonial charters or to other Acts of Parliament.

As a result, legislative powers are limited not only by the federal division of powers but also by the rights and freedoms as constitutionally enshrined. 18 The Canadian constitutional system has thus formally abandoned any association with the doctrine of the sovereignty of Parliament. This little excursion illustrates that, outside Britain, the fortunes of this doctrine have had their ups and downs, but that, apparently, little is left of it. 3. British practice The first characteristic of the parliamentary model is that it does not recognise any ‘higher law’ which could impinge on the validity of an Act of Parliament.

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Courts and Political Institutions: A Comparative View by Tim Koopmans


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