Download The Influence of American Theories on Judicial Review in by Ragnhildur Helgadottir PDF

By Ragnhildur Helgadottir

Courts of a few Nordic nations began reviewing the constitutionality of laws lengthy prior to judicial evaluate was once verified somewhere else in Europe. This research examines the effect of yankee legislations and theories of judicial overview at the improvement, perform and theorization of judicial overview in Norway, Denmark, and Iceland from the nineteenth century to the current. The research describes how Nordic students within the past due nineteenth century rationalized judicial evaluate in response to American concept and the way American legislation encouraged either their perspectives of the establishment and their state of mind approximately substantial constitutional rights. those perspectives in flip stimulated Nordic jurisprudence for many years. the writer then indicates how the alterations that happened in American constitutional jurisprudence within the Thirties and Forties stimulated Nordic constitutional conception and constitutional jurisprudence. those adjustments obtained major awareness in Nordic criminal circles and the research examines how those adjustments, in addition to the yank and Nordic thought that outfitted on them, inspired Nordic jurisprudence. eventually, it really is argued that American impression during this sector of legislation replaced after 1965. Direct references to and discussions of yankee legislations virtually disappeared from Nordic jurisprudence. American constitutional legislation used to be, besides the fact that, an incredible impact at the case-law of the eu courtroom of Human Rights, which value elevated during this interval. the ecu conference of Human Rights and the Court’s judgements have in flip immensely motivated Nordic constitutional legislation.

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81–82, citing inter alia Constitutional Limitations pp. 356–358. 138 It was frequently argued that because a law interfered with vested rights, compensation should be paid. In a famous 1909 case, the Supreme Court wrote that “[i]f the legislature wants a new law applied to older circumstances in such a way that it violates the principle of the Constitution’s art. 97, it must be viewed as a taking and full compensation must be paid under the Constitution’s art. ” Rt. 417, 418. See also Lie, supra note 102, p.

393 (1857). 125 Ibid. , pp. 363–4. , p. 368, citing Constitutional Limitations pp. 164–176. , infra. 128 In the space of ten pages of a continuous chapter on judicial review in Aschehoug‘s treatise, seventeen consecutive pages in Cooley‘s treatise are cited in four different instances. 33 PART 2 cautious to strike laws at all, and particularly cautious when striking laws whose constitutionality has been discussed by the other branches of government. 2. Aschehoug – substantive rules for the protection of individual rights It has been mentioned above that the emphasis on constitutional limitations of legislative power was a relative novelty in Nordic constitutional law.

Corwin, supra note 56. See Scheiber, supra note 46, p. 375, for a citation referring to such considerations in a police power context. 91 See Scheiber, supra note 46, and J. L. Sax, ‘Takings and the Police Power’, 74 Yale L. J. 37, 41 (1964): “Holmes saw no qualitative difference between traditional takings and traditional exercises of the police power, but only a continuum in which established property interests were asked to yield more or less to the pressures of public demands . . ” 92 As an example of an opinion by Justice Holmes in this field, see Pennsylvania Coal Co.

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