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The Judicial House of Lords 1876–2009$
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Louis Blom-Cooper QC, Brice Dickson, and Gavin Drewry

Print publication date: 2009

Print ISBN-13: 9780199532711

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199532711.001.0001

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A Transatlantic Comparison

A Transatlantic Comparison

Chapter:
(p.383) 21 A Transatlantic Comparison
Source:
The Judicial House of Lords 1876–2009
Author(s):

Tom Zwart

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199532711.003.0026

This chapter approaches the role of the Appellate Committee from a U.S. perspective, focusing on their operating systems, i.e., the conditions that directly determine the operation of both courts vis-à-vis the political branches in their jurisdiction. To this end the case law of both institutions in the area of standing law is described, followed by an analysis of the scope of review of acts of administrative agencies. After the difficulties that both courts face in handling the concept of non-justiciablity have been set out, the apparent contrast between the review of the constitutionality of legislation, which dominates the U.S. constitutional scene, and the sovereignty of Parliament, which characterizes the British system, are discussed. Finally, some concluding observations will be made.

Keywords:   House of Lords, Appellate Committee, United States law, English law, courts, justiciability, Constitution

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