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Discretion Discrimination And The Rule Of Law
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Book Synopsis Discretion, Discrimination and the Rule of Law by : Mrinal Satish
Download or read book Discretion, Discrimination and the Rule of Law written by Mrinal Satish and published by . This book was released on 2017 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to"--Provided by publisher"--
Book Synopsis Discretion, Discrimination and the Rule of Law by : Mrinal Satish
Download or read book Discretion, Discrimination and the Rule of Law written by Mrinal Satish and published by Cambridge University Press. This book was released on 2017 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to"--Provided by publisher"--
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Discretionary Powers by : Denis James Galligan
Download or read book Discretionary Powers written by Denis James Galligan and published by . This book was released on 1990 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: One noticeable feature of modern legal systems is the extent to which power is conferred upon government officials and agencies to be exercized at their discretion, according to policy considerations, rather than according to precise legal standards. This book is a legal and jurisprudential analysis of discretionary power in modern legal systems, with particular emphasis on the consequences of discretion in the relationship between the individual and the state.
Book Synopsis Discretion to Disobey by : Mortimer Raymond Kadish
Download or read book Discretion to Disobey written by Mortimer Raymond Kadish and published by . This book was released on 1973 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Executive Discretion and the Rule of Law by :
Download or read book Executive Discretion and the Rule of Law written by and published by . This book was released on 2014 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Cambridge Companion to the Rule of Law by : Jens Meierhenrich
Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
Book Synopsis The Uses of Discretion by : Keith Hawkins
Download or read book The Uses of Discretion written by Keith Hawkins and published by Oxford University Press on Demand. This book was released on 1994 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is animportant form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from bothsides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.
Book Synopsis Immigration Outside the Law by : Hiroshi Motomura
Download or read book Immigration Outside the Law written by Hiroshi Motomura and published by Oxford University Press, USA. This book was released on 2014-05 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--
Book Synopsis Taking Rights Seriously by : Ronald Dworkin
Download or read book Taking Rights Seriously written by Ronald Dworkin and published by Harvard University Press. This book was released on 2018-06-25 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
Book Synopsis The President and Immigration Law by : Adam B. Cox
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Book Synopsis Bureaucratic Justice by : Jerry L. Mashaw
Download or read book Bureaucratic Justice written by Jerry L. Mashaw and published by Yale University Press. This book was released on 1983-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies
Download or read book The Rule of Law written by Tom Bingham and published by Penguin UK. This book was released on 2011-07-07 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Book Synopsis Legality and Other Requirements for Sentencing / Légalité Et Autres Exigences En Matière de Condamnation by : P. H. P. H. M. C. van Kempen
Download or read book Legality and Other Requirements for Sentencing / Légalité Et Autres Exigences En Matière de Condamnation written by P. H. P. H. M. C. van Kempen and published by . This book was released on 2024-01-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: All over the world, governments impose punishments on their citizens for transgressions of the criminal law. Consensus exists that this sanctioning should be in accordance with the principle of legality and the rule of law. However, governments around the world struggle with providing foreseeability and non-arbitrariness in their sentencing systems. This continuous struggle raises the question how - and to what extent - foreseeability and non-arbitrariness must be guaranteed. Not only in relation to the type of sentence imposed (quality), but also to its length (quantity) and the circumstances under which the sentence is executed. Worldwide, a variety of sentencing principles (e.g., proportionality, equality, culpability) are employed, not only to promote foreseeable, non-arbitrary sentencing, but also to do justice in the individual case. Although similarities exist, countries differ greatly in the principles they apply and the meaning they ascribe to them. This volume provides insight in the worldwide ideas and practices on legality and other requirements for sentencing. Which requirements should be leading? How do these requirements interrelate? And how should they be defined and implemented? An array of topics and questions is discussed regarding these requirements. Some examples: How should judicial discretion and the principle of legality be balanced? Should the execution of sentences be a matter for the judiciary or the administration? What is the relationship between the principle of legality and the prohibition against discrimination? Can human judges practice consistent sentencing? Should temporary release be a discretionary power or a right? And: How can we increase public confidence in sentencing? The present volume hopes to both provide answers to these questions and to support the reader in developing new thoughts and angles on these topics. Partout dans le monde, les gouvernements imposent des sanctions à leurs citoyens pour des transgressions du droit pénal. Il existe un consensus sur le fait que cette sanction doit être conforme au principe de légalité et à l'État de droit. Cependant, les gouvernements du monde entier s'efforcent d'assurer la prévisibilité et l'absence d'arbitraire dans leurs systèmes de condamnation. Cette lutte permanente soulève la question de savoir comment - et dans quelle mesure - la prévisibilité et le caractère non arbitraire doivent être garantis. Non seulement en ce qui concerne le type de peine imposée (qualité), mais aussi en ce qui concerne sa durée (quantité) et les circonstances dans lesquelles la peine est exécutée. Dans le monde entier, divers principes de détermination de la peine (par exemple, la proportionnalité, l'égalité, la culpabilité) sont utilisés, non seulement pour promouvoir une détermination prévisible et non arbitraire de la peine, mais aussi pour rendre justice au cas par cas. Bien qu'il existe des similitudes, les pays diffèrent grandement dans les principes qu'ils appliquent et dans la signification qu'ils leur donnent. Ce volume donne un aperçu des idées et des pratiques mondiales sur la légalité et les autres exigences en matière de condamnation. Quelles sont les exigences à privilégier ? Comment ces exigences sont-elles liées entre elles ? Et comment doivent-elles être définies et mises en oeuvre ? Un large éventail de sujets et de questions sont abordés à propos de ces exigences. Quelques exemples: comment équilibrer le pouvoir discrétionnaire du juge et le principe de légalité ? L'exécution des peines doit-elle relever du pouvoir judiciaire ou de l'administration ? Quelle est la relation entre le principe de légalité et l'interdiction de la discrimination ? Les juges humains peuvent-ils pratiquer des peines cohérentes ? La libération provisoire doit-elle être un pouvoir discrétionnaire ou un droit ? Et: comment accroître la confiance du public dans la détermination de la peine ? Le présent volume espère à la fois apporter des réponses à ces questions et aider le lecteur à développer de nouvelles réflexions et de nouveaux points de vue sur ces sujets.
Book Synopsis Policing the Open Road by : Sarah A. Seo
Download or read book Policing the Open Road written by Sarah A. Seo and published by . This book was released on 2019 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policing the Open Road examines how the rise of the car, that symbol of American personal freedom, inadvertently led to ever more intrusive policing--with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile transformed American freedom in radical ways, leading us to accept--and expect--pervasive police power. As Policing the Open Road makes clear, this expectation has had far-reaching political and legal consequences.--
Book Synopsis Police Discretion in India by : Satyajit Mohanty
Download or read book Police Discretion in India written by Satyajit Mohanty and published by Taylor & Francis. This book was released on 2023-08-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first empirical study of police discretion in India. Going beyond anecdotal accounts, it addresses the issues and concerns of arrest discretion behaviour of police with analysis of available literature internationally, testing the validity in the context of police in India and explaining the gap that exists between the legislative intent and field law enforcement. It establishes how extralegal determinants like subculture, environment and situations influence arrest discretion as much as legal determinants such as statutes, rules, manuals and court rulings. It also provides vital explanations on the working of the police system in India. The volume will be of great interest to policymakers, police leaders, officers of judiciary, scholars and researchers of criminology and criminal justice, sociology and social anthropology and South Asian studies.
Book Synopsis The Rule of Law and the Separation of Powers by : Richard Bellamy
Download or read book The Rule of Law and the Separation of Powers written by Richard Bellamy and published by Routledge. This book was released on 2017-07-05 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.
