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Deference to the Executive? The Development of Judicial Review in Foreign Affairs in the United States of America, Germany and South Africa

Material type: ArticleSeries: Publication details: Baden-Baden Nomos Verlagsgesellschaft mbH & Co. KG 2024Description: 1 electronic resource (434 p.)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9783748943853
  • 9783756010790
Subject(s): Online resources: Summary: The book examines the changing approach of courts in reviewing foreign affairs decisions of the executive. Traditionally, the judiciary awarded deference to executive decisions in that area, a notion that clashes with the idea of general judicial oversight in the modern constitutional state. As the problem is often looked at solely from a national angle, this thesis chooses a comparative approach taking into account the development in three democratic countries to identify general trends as well as differences. Thereby, it shows the development of a new judicial approach, which does not per se defer to executive assessments in the field.
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The book examines the changing approach of courts in reviewing foreign affairs decisions of the executive. Traditionally, the judiciary awarded deference to executive decisions in that area, a notion that clashes with the idea of general judicial oversight in the modern constitutional state. As the problem is often looked at solely from a national angle, this thesis chooses a comparative approach taking into account the development in three democratic countries to identify general trends as well as differences. Thereby, it shows the development of a new judicial approach, which does not per se defer to executive assessments in the field.

Funded by: Max-Planck-Gesellschaft

Creative Commons Licence cc by cc https://creativecommons.org/licenses/by/4.0/

eng

Freely available e-book