4279273
Description
Flashcards by laurathomas94, updated more than 1 year ago
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Created by laurathomas94
almost 9 years ago
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| Question | Answer |
| Constitutional Migration (UK) Some sources readily identifiable through process of constitutional modelling and explicit reference to sources e.g. Costa v ENEL, Factortame | Constitutional Migration (UK) |
| Constitutional Migration (UK) Other borrowings, while not explicit, have a history in a particular system that makes them identifiable through association e.g. flow of certain principles between civil and common law states | Constitutional Migration (UK) |
| Constitutional Migration (UK) Historical impact of imperialism also makes UK as a source readily identifiable re: colonies, founding countries (Davis) e.g. South Africa, Canada, Australia | Constitutional Migration (UK) |
| Constitutional Migration (UK) Can become muddled when role in a country ends and jurisprudence/precedent develops independently e.g. USA | Constitutional Migration (UK) |
| Constitutional Migration (UK) Judicial interpretation may carry implications for PS, particularly re: community law UK praised for 'hybrid' model (Goldsworthy), s 2 HRA allows review but P has final say | Constitutional Migration (UK) |
| Constitutional Migration (UK) Risk of transformation addressed by fit criteria (Tabbe and Tsai)/geoelogical approach (Choudhry), gives reasoning for migration e.g. Roper v Simmonds | Constitutional Migration (UK) |
| Constitutional Migration (UK) Imperialism issue e.g. Impact on South Africa | Constitutional Migration (UK) |
| Constitutional Migration (USA) Founding Fathers influenced by English liberals (such as John Locke) and Magna Carta | Constitutional Migration (USA) |
| Constitutional Migration (USA) US SC widely acknowledged as 'leading model' due to prestige | Constitutional Migration (USA) |
| Constitutional Migration (USA) Some sources readily identifiable through process of constitutional modelling and explicit reference to sources e.g. Prasad, Justice Hedge re: India, German FCC | Constitutional Migration (USA) |
| Constitutional Migration (USA) Can become muddled when role of a country ends and jurisprudence/precedent develops independently e.g. UK | Constitutional Migration (USA) |
| Constitutional Migration (USA) Transformation/hedging (Tabbe and Tsai)/decodification (Merryman) concern, particularly when lacking transparency (Tabbe and Tsai) e.g. Lawrence v Texas cf Bowers v Hardwick | Constitutional Migration (USA) |
| Constitutional Migration (USA) Transformation a good thing because they are means of adapting to different cultures, histories etc (Hanafin), requires transparency (Tabbe and Tsai) | Constitutional Migration (USA) |
| Constitutional Migration (USA) Risk of transformation addressed by fit criteria (Tabbe and Tsai)/geneological approach (Choudhry), gives reason for migration e.g. Roper v Simmonds, although Scalia not happy | Constitutional Migration (USA) |
| Constitutional Migration (USA) Imperialist issue e.g. Influence on India and South Africa | Constitutional Migration (USA) |
| Constitutional Migration (Germany) Some sources readily identifiable through process of constitutional modelling and explicit reference to sources | Constitutional Migration (Germany) |
| Constitutional Migration (Germany) Risk of transformation addressed by fit criteria (Tabbe and Tsai)/geneological approach (Choudhry), gives reason for migration e.g. Luth, Stubing, Spiegle, Roe v Wade | Constitutional Migration (Germany) |
| Constitutional Migration (Germany) Imperialism issue e.g. Influence of South Africa | Constitutional Migration (Germany) |
| Constitutional Migration (SA) Sources explicitly referred to in judgements (s 39 Constitution) e.g. S v Bawayna | Constitutional Migration (SA) |
| Constitutional Migration (SA) Some sources readily identifiable through process of constitutional modelling and transplants and explicit reference to source e.g. Influence of Germany, US and UK all present (Davis) | Constitutional Migration (SA) |
| Constitutional Migration (SA) Can become muddled when role of a country ends and jurisprudence/precedent develops independently (less of an issue because of transparency) | Constitutional Migration (SA) |
| Constitutional Migration (SA) Transformation a good thing because they are means of adapting to different cultures, histories etc (Hanafin), requires transparency (Tabbe and Tsai) | Constitutional Migration (SA) |
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