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Judicial Review In Equal Treatment Cases By J.h. Gerards (International Studies in Human Rights) (International Studies in Human Rights) by J. H. Gerards

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Published by Brill Academic Pub .
Written in English


  • Human rights,
  • International humanitarian law,
  • Legal Reference / Law Profession,
  • Judicial process,
  • Law,
  • Political Freedom & Security - Human Rights,
  • Civil Rights,
  • Equality before the law,
  • Reference,
  • Discrimination,
  • Law and legislation

Book details:

The Physical Object
Number of Pages774
ID Numbers
Open LibraryOL9085190M
ISBN 109004143793
ISBN 109789004143791

Download Judicial Review In Equal Treatment Cases


Judicial review in equal treatment cases. [J H Gerards] -- In this study, an assessment model is developed to guide courts in deciding equal treatment cases. Such a model appears to be indispensable, since relevant equality provisions often do not offer much. Intensity of Judicial Review in Equal Treatment Cases. review of equal treatment cases: even though judicial restraint may be advis- able in some or even most cases, some situations are certainly conceivable that would call for more careful judicial Author: Janneke Gerards.   He notices that in those cases in which judicial review under the Equal Protection Clause is intensified, which are the situations defined in the Carolene Products footnote, it is almost certain that a naked preference is at work. Also, he states that if the ordinary avenues of political redress are less likely to be available to a certain group, there is an increased danger that disadvantageous statutory law results Cited by: 8.

  adds nothing to the ordinary principles of judicial review, notably in the present context irrationality and legitimate expectation. It is by reference to those principles that cases such as the present must be judged. [41] As Lord Sumption pithily summarised his views on equal treatment and unfairness at [51]. In Overruled (), a historically rich and elegantly written treatment of judicial review, Reason magazine senior editor Damon Root advocates a somewhat more nuanced position. Root contends that Author: Mark Pulliam. judicial review in the matter of: the decision of the tribunal on the. supreme court and high court judges to proceed with hearing against dr. phillip musonda after resignation and in the matter of: artic 18, 21, 23, 98(3) and of. the constitution of zambia, chapter 1 of the laws of zambia between: dr.   Fully revised and updated version of the practical guide now published online. In February , the Equal Treatment Bench Book was updated, expanded and improved. It has been revised in September All judges and magistrates will find it helpful to make themselves aware of the contents of this new edition. The Equal Treatment Bench Book aims.

However, under section 6(2) of the JRPA, an application for judicial review may also be made to a single judge of the Superior Court of Justice where it appears to the judge that the case is one of urgency and that the delay required for an application to the Divisional Court is likely to involve a failure of justice. Judicial Review - The power of the court to declare a law unconstitutional. Precedent - A ruling or decision upon which later decisions are based. The court's power extends through a three tiered federal court system. Cases orginate in District Court. These cases are local and have original jurisdiction. If appealed a case goes to Circuit Court. 1. This paper covers significant cases in the judicial review field in the last 12 months. It addresses: (1) issues of standing; (2) bodies amenable to judicial review; (3) decisions amenable to judicial review; and (4) grounds for judicial review. The question of costs in judicial review proceedings is one that has been the subject of. The Commercial Freedoms Discrimination Public Law Collateral Challenges and Article References Index CONTENTS Table of Cases Table of Legislation List of Abbreviations xxvii I EC LAW IN JUDICIAL REVIEW: PROCEDURE, GROUNDS, AND REMEDIES 1. EC Law in Judicial Review; An Overview A. Scheme of Book B.