The Ultimate Rule of Law (Paperback, New ed)

The 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 economic 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.

General

Imprint:	Oxford UniversityPress
Country of origin:	United Kingdom
Release date:	July 2005
First published:	July 2005
Authors:	David M. Beatty
Dimensions:	235 x 157 x 13mm (L x W x T)
Format:	Paperback
Pages:	212
Edition:	New ed
ISBN-13:	978-0-19-928801-4
Categories:	Books > Social sciences > Sociology, social studies > Gender studies > Sex discrimination Books > Social sciences > Sociology, social studies > Social issues > Equal opportunities Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state Books > Law > International law > Public international law > International human rights law Books > Law > Laws of other jurisdictions & general law > Social law > General Books > Law > European Union (EU) law > EU constitutional & administrative law > EU citizenship & nationality law > General
LSN:	0-19-928801-1
Barcode:	9780199288014

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