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The New Separation of PowersA Theory for the Modern State$
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Eoin Carolan

Print publication date: 2009

Print ISBN-13: 9780199568673

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199568673.001.0001

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From Exception to Orthodoxy? The Theory in Action

From Exception to Orthodoxy? The Theory in Action

(p.205) 8 From Exception to Orthodoxy? The Theory in Action
The New Separation of Powers

Eoin Carolan

Oxford University Press

This chapter examines a number of areas where courts have made decisions which touch upon the key issues examined in this book. This chapter considers whether these decisions provide support for the analysis set out in previous chapters. It also asks whether the model would require the law in these areas to be developed further in particular ways. Specifically, it looks at case law on judicial review, proportionality, legitimate expectations, justiciability, and the duty to give reasons. It argues that developments in each of these areas resonate with the separation of constituencies model set out in Chapter 5.

Keywords:   judicial review, substantive values, human rights, proportionality, legitimate expectations, justiciability, duty to give reasons

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