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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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The Judicial Review Process in Comparative Perspective The Judicial Review Process in Comparative The Judicial Review Process in Comparative Perspective

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ISBN13: 9780198256342
ISBN: 0198256345
Published: October 1989
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

This study, based on many years of comparative research, attempts to apply the comparative method to the analysis of the basic features of the judicial process and their transformation in modern societies, particularly in Europe and America. The challenges facing the courts of justice and other adjudicatory agencies are discussed in the light of their social, political, economic and ideological causes, and the solutions adopted by contemporary legal systems to meet those challenges are analyzed and evaluated. These challenges include the expanded role of courts in the modern "social" state and the new demands for judicial independence and democratic accountability; the rise and growth of varied systems of judicial review and the legitimacy of such development; the emergence of the notion of "access to justice" as a judicial answer to egalitarian ideals and demands for effectiveness and the development of "public interest litigation"; and the role of the courts in promoting legal and political integration of pluralistic societies, especially with regard to the EEC and the United States.

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Part 1 The evolving role and responsibility of judges: the law-making power of the judges and its limits; who watches the watchmen? Part 2 The expansion and legitimacy of judicial review: judicial review in comparative perspective; the "mighty problem" of judicial review; repudiating Montesquieu? - the expansion and legitimacy of "constitutional justice".
Part 3 Social justice and the public interest - new challenges for the judiciary: access to judicial remedies in civil litigation - comparative constitutional, international and social trends; vindicating the public interest through the courts.
Part 4 Promoting legal integration through the courts: the judicial branch in the Federal and Transnational Union - its impact on integration; is the European Court of Justice "running wild?".