The Ultimate Rule of Law
By (author) David M. Beatty
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Ultimate Rule of Law by David M. Beatty
Book 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 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.
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Book DetailsISBN: 9780199269808
(234mm x 156mm x 18mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 15-Jan-2004
Country of Publication: United Kingdom
Books By Author David M. Beatty
Ultimate Rule of Law, Paperback (July 2005)» View all books by David M. Beatty
Examines judgements of leading courts around the world on issues such as religious freedom, sex discrimination, and economic rights. The author develops an alternative to the conventional view that in deciding cases judges engage in an interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions.
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Author Biography - David M. Beatty
David M. Beatty is Professor of Law at the University of Toronto.
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