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.
| Autor: | Silke, Alexander |
|---|---|
| ISBN: | 9783756010790 |
| Auflage: | 1 |
| Sprache: | Englisch |
| Seitenzahl: | 434 |
| Produktart: | Gebunden |
| Verlag: | Nomos |
| Veröffentlicht: | 23.12.2024 |
| Untertitel: | The Development of Judicial Review in Foreign Affairs in the United States of America, Germany and South Africa |
| Schlagworte: | Deference Foreign Affairs Germany Klage- und Antragsbefugnis South Africa Standing Supreme Court USA non-reviewability separation of powers in foreign affairs |