Thèse - Bordeaux, 1961. / Without thesis statement. Bibliography: p. [209]-211.

Thesis (Ph. D.)--Boston University, 2004. / Includes bibliographical references (leaves 190-203).

This thesis investigates the question of whether judicial review of legislation is a hindrance to democracy. My main claim is that the existing literature on this topic fails to pay adequate regard to the symbolic significance of political institutions, that is, the role that legislatures and courts play in the popular imagination. I argue that we should not view constitutional systems merely as decision-making mechanisms, since a society’s institutional structure will colour its sense of political agency and shape the way in which citizens view their relationships with political officials and with one another. Different constitutional structures accordingly project different visions of constitutionalism and democracy. In particular, I argue, representative government should be viewed not merely as a compromise between equality of input and quality of output, but as a distinctively valuable form of government in its own right. The representative assembly serves as the focal point for public political debate and symbolises a commitment to government through an inclusive process of deliberation. Legislative supremacy – the practice of accepting the enactments of a representative assembly as the decisions of the people as a whole – can therefore allow the law to be seen as the output of the political power of a self-governing people. Judicial review, on the other hand, will tend to signify a set of boundaries around the democratic political process, thus truncating the people’s shared sense of self-government.

The European Public Prosecutor’s Office (the EPPO), established under enhanced cooperation by a Council Regulation (the Regulation), will be the first supranational criminal law enforcement body in the European Union (the EU) with direct powers visà-vis individuals. It will be responsible for investigating, prosecuting and bringing to judgments the perpetrators of offences against the Union’s financial interests. Measures taken by the EPPO may therefore seriously interfere with fundamental rights of individuals. As the EU is based on the rule of law, an effective judicial review of the acts produced by the EPPO is essential in order to allow individuals to protect their rights and legitimate interests against unlawful and arbitrary decision-making. In accordance with the Treaty framework of judicial review, the main rule in EU law on the division of jurisdiction between national courts of the Member States and the Court of Justice of the European Union (the CJEU) is that acts adopted by Union institutions and bodies are to be reviewed by Union courts, while acts adopted by national institutions and bodies are to be reviewed by the national courts. Although the EPPO is an indivisible Union body, the judicial review of the procedural acts of the EPPO will first and foremost be a task for the national courts according to Article 42 of the Regulation. Since it follows from the hierarchy of norms that secondary law must comply with primary law, this thesis examines whether the system of judicial review of procedural acts of the EPPO, as prescribed in Article 42 of the Regulation, complies with the Treaty framework of judicial review and the right to effective judicial protection enshrined in Article 47 of the Charter of Fundamental rights of the European Union (the Charter). The main finding of the thesis is that the system of judicial review of procedural acts of the EPPO, as prescribed in the Article 42 of the Regulation, does not comply with the Treaty framework of judicial review or the right to effective judicial protection enshrined in Article 47 of the Charter.

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published_or_final_version / Law / Master / Doctor of Legal Studies

Thesis (LLM.) -- University of Limpopo, 2007 / Refer to document

Thesis (Ph. D.)--University of Washington, 2004. / Vita. Includes bibliographical references (leaves 274-292).

55 Abstract - Judicial Review of Administrative Decisions in the Area of Television and Radio Broadcasting The aim of the thesis is firstly analyzing the system of radio and television broadcasting in the Czech Republic and the legal environment in which this system exists. In the beginning the thesis describes historical development of broadcasting in our country since monopoly state broadcasting system to the present dual system, which enables private subjects to run their own broadcasting. Furthermore, the thesis analyzes the role of the Czech Broadcasting Council as a central administrative body in the scope of media market. The Council grants broadcasting licences and registrations but primarily supervises whether broadcasters fulfil their duties established in the Broadcasting Act. In case they do not, the Council releases an administrative decision and may impose sanctions against broadcasters. The crucial part of this thesis deals with judicial review of the above mentioned administrative decisions. It describes legal regulation of the judicial review and deals with basic questions regarding the content of broadcasting. Firstly, it aims at judicial decisions regarding the legal requirement to present objective, impartial and unbiased information under section 31 of the Broadcasting Act. Moreover, it...