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Open Constitutional Courts (Hardcover)

Patrick Keyzer

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ISBN 10: 1862877718 / ISBN 13: 9781862877719
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Hardcover. What happens if you need to mount a constitutional challenge and you donaaC--a t have any money or standing to sue? Despite the grand-sounding notion of aaC--Euthe constitutional guarante.Shipping may be from multiple locations in the US or from the UK, depending on stock availability. 208 pages. 0.354. Bookseller Inventory # 9781862877719

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Bibliographic Details

Title: Open Constitutional Courts (Hardcover)

Publication Date: 2010

Binding: Hardcover

Book Condition:New

About this title

Synopsis:

What happens if you need to mount a constitutional challenge and you dona (TM)t have any money or standing to sue? Despite the grand-sounding notion of a "the constitutional guarantee of judicial reviewa (TM) the obstacles to access to constitutional justice are real, and have impeded the objectives of marginalised people and groups in society. In this book, Patrick Keyzer reviews the rules governing access to constitutional justice in Australia in light of the philosophies of identity developed by Anthony Kwame Appiah and Charles Taylor and the philosophy of democratic processes favoured by Jurgen Habermas and John Stuart Mill. He develops a new theory to replace the private law paradigm of litigation, providing a foundation for the achievement of the objectives of equal respect and equal dignity within Australian constitutional law. Keyzer argues that an application for the judicial review of legislative action should be characterised as an exercise of political free speech, and that the rules governing standing and costs are incompatible with that freedom and should be abolished in constitutional cases. He demonstrates that the constitutional guarantee of judicial review gives rise to a right to know whether a law is constitutionally valid, providing a further rationale for open access. Such open access would supply our constitutional courts with a wider normative horizon, and lend legitimacy to judicial review and its outcomes.

Review:

A comprehensive discussion of a complex and esoteric subject ... which is lively and entertaining. ... The author makes some constructive suggestions for the improvement of access to constitutional justice which are worthy of close attention. - Sir Anthony Mason AC KBE

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