Judicial Review,Irrationality, and the Legitimacy of Merits-Review

The definition of the irrationality ground of judicial review recognises the constitutional principle of the separation of powers, in allowing for judicial control of the executive only very rarely. The author in a previous article in this study found that the courts, on occasions, had intervened in circumstances where administrative decisions arguably were not irrational. To this end, the purpose of this article is to assess the constitutionality of these seemingly low standards of irrationality. The author does so by reference either to the manner of review employed—the use of the proportionality principle, for example—or the context of the administrative decision under scrutiny, such as the infringement of the applicant’s fundamental rights. The author finds that the cases from the previous article where low standards of irrationality were arguably adopted were, in fact, legitimate according to these chosen methods of evaluation. However, this is an interim conclusion because, for reasons of word length, the author is unable to complete a full assessment here. It is therefore proposed that a subsequent article will continue to examine the constitutionality of these cases. Furthermore, the author will also try and establish a zone of executive decision-making, for reasons of democracy, where the courts are excluded from irrationality review. If the author is unsuccessful in this regard, the final conclusion of this study will inevitably be that low standards of judicial intervention exist without limit—a clear assault on the constitutional principle stated above.

美国文化的深层透视:以“愚人节”为例(英文)

Every month of the year has something special to celebrate in the U.S.Throughout the years,the U.S.Congress has passed laws declaring special days as official observances known as federal holidays.There are some festivals are not public holidays but very popular in the US.April Fool's Day is a traditional one with lots of fun.It represents theEuropern rootsof American culture.     

China Ramps up Anti-Corruption Eforts

正WE are in a new era,and China’s anti-corruption drive is pressing ahead with new momentum.Since the 18th National Congress of the Communist Party of China(CPC)the central leadership has cracked a series of high-profile corruption cases that involve both high-ranking "tigers" and lowly "flies" as well as those who have fled the country,demonstrating its zero-tolerance for such misfeasance.It has been evident,     

从始点到终点:刑事诉讼法学50年回顾与前瞻(下)

新中国刑事诉讼法学思想 5 0年的发展经历了如下三个阶段 :批判、学习和探索研究阶段 ;思想整合 ,学科思想体系形成阶段 ;思想升华 ,学科理论向理性化、科学化提升阶段。二十一世纪中国刑事诉讼法学面临新的起点 :理论体系将向理性化、科学化、实用化“三元一体”的方向发展