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Global Jurist Advances Volume 3, Issue 1 2003 Article 4 Judicial Review in Brazil. Nominal and Real Miyuki Sato∗ ∗ Copyright c©2003 by the authors. All rights reserved. No part of this publication may be re- produced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher, bepress, which has been given certain exclusive rights by the author. Global Jurist Advances is produced by The Berkeley Electronic Press (bepress). http

1 Introduction Over the past seven decades, judicial review of legislation has adorned the constitutional matrix of Sri Lanka. During this period, Sri Lanka experienced the impact of three separate constitutions of which one was of colonial origin while the other two that followed are considered autochthonous. The two autochthonous constitutions that were introduced respectively in 1972 and 1978 were starkly different from one another and from the British imposed Ceylon Constitution Order in Council of 1946. The Ceylon Constitution Order in Council of 1946, which

и JUDICIAL REVIEW A. Introductory Essentially the controversy about executive privilege is a boundary dispute, bottomed on irreconcilable claims to consti- tutional power. Pitted against c la imed "uncontrol led" executive discretion to withhold information is a c la imed plenary con- gressional power to demand it. It is remarkable that the issue has never been submitted to the courts, for ours is a land, as de Toque- ville early observed, where "scarcely any political question arises . . . that is not resolved, sooner or later, into a judicial question

; reared in a nonrural but not necessarily urban environment ; membe r of a n economicall y comfortable , civic-minded , politicall y activ e fam - ily; with BA . an d LLB . or J.D. degree s (one-thir d o f thes e fro m "Iv y League" institutions); experienced i n some public or civic office. 39 We shal l no w examin e th e jurist' s rol e i n th e Court' s ultimat e power o f judicial review . J U D I C I A L R E V I E W Genesis Judicial Review Defined. Th e powe r o f judicia l revie w i s th e mos t awesome an d potentiall y th e mos t effectiv e powe r i n

JUDICIAL REVIEW AND JUDICIAL SUPREMACY: A PARADIGM OF CONSTITUTIONALISM IN NIGERIA Ajepe Taiwo Shehu Faculty of Law, University of Ilorin, Nigeria email: atshehu2000@yahoo.com SHEHU, Ajepe Taiwo. Judicial Review and Judicial Supremacy: A Paradigm of Constitutionalism in Nigeria, International and Comparative Law Review, 2011, Vol. 11., No. 1, pp. 45–75. DOI: 10.1515/iclr-2016-0095. Abstract: Th is paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relati- on to the political

1 Introduction Scholarship in the fields of the philosophy and history of law and political theory with respect to different interpretations of judicial review (departmentalism) has reached an impasse. On the one hand, proponents of what is referred to as judicial supremacy argue that the interpretation of the Constitution presented by the Supreme Court must be taken as authoritative by the two other branches of government, in accord with Article VI; put differently, the Constitution as the ‘supreme Law of the Land’ means that the supreme Law of the Land is

1 Introduction Scholarship in the fields of the philosophy and history of law and political theory with respect to different interpretations of judicial review (departmentalism) has reached an impasse. On the one hand, proponents of what is referred to as judicial supremacy argue that the interpretation of the Constitution presented by the Supreme Court must be taken as authoritative by the two other branches of government, in accord with Article VI; put differently, the Constitution as the ‘supreme Law of the Land’ means that the supreme Law of the Land is

to say that no improper evidence was admitted, that production of the best available was insisted upon, or that a different conclusion might not have been reached upon that which was admitted. But the scope of the judicial review is not so extensive. Section 13 of the Act to Regulate Commerce (Act of February 4, 1887, Ch. 104; 24 Stat. 379, 383; amended June 18,1910, Ch. 309; 36 Stat. 539, 550) requires the Commission on receipt of a claim for reparation to proceed on notice to the carrier to "investigate the matters complained of in such manner and by

Judicial Review in China: A Positive Political Economy Analysis ERIC C. IP * The Chinese University of Hong Kong and University of Oxford This article uses a Positive Political Economy approach to understand the development of judicial review of agency decisions in China, where formal legal institutions are often supposed irrelevant to administrative governance. This article demonstrates that, although the National People’s Congress has tried to limit the competence of courts to exercise judicial review, the Supreme People’s Court has deftly circumvented

Chapter Seven AGAINST JUDICIAL REVIEW ENDING THE EXPERIMENT? Suppose the Supreme Court issued the following statement one October morning: In 1803 we launched a great experiment—judicial review. We believe the nation benefited from judicial review over the past two centuries. Today, how- ever, the gains from further exercises of judicial review no longer exceed the losses. We have therefore decided to end the experiment in 2003. We will no longer invalidate statutes, state or federal, on the ground that they violate the Constitution. What would happen after such