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Fair Reflection Of Society In Judicial Systems A Comparative Study
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Book Synopsis Fair Reflection of Society in Judicial Systems - A Comparative Study by : Sophie Turenne
Download or read book Fair Reflection of Society in Judicial Systems - A Comparative Study written by Sophie Turenne and published by Springer. This book was released on 2015-07-20 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.
Book Synopsis General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé by : Martin Schauer
Download or read book General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé written by Martin Schauer and published by Springer. This book was released on 2017-06-01 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area.
Book Synopsis The Cambridge Handbook of Foreign Judges on Domestic Courts by : Anna Dziedzic
Download or read book The Cambridge Handbook of Foreign Judges on Domestic Courts written by Anna Dziedzic and published by Cambridge University Press. This book was released on 2023-10-31 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook presents a comparative study of foreign judges on domestic courts, examining the practice and its implications for adjudication, judicial identity and judicial independence and accountability. The Handbook will interest scholars of comparative law and judicial studies, as well as judges, lawyers and historians.
Book Synopsis Comparative Constitutional Law in Latin America by : Rosalind Dixon
Download or read book Comparative Constitutional Law in Latin America written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.
Book Synopsis Judges and Democratization by : B. C. Smith
Download or read book Judges and Democratization written by B. C. Smith and published by Taylor & Francis. This book was released on 2022-11-18 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.
Book Synopsis Women and the Judiciary in the Asia-Pacific by : Melissa Crouch
Download or read book Women and the Judiciary in the Asia-Pacific written by Melissa Crouch and published by Cambridge University Press. This book was released on 2021-10-07 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: First comparative study of women judges in the Asia-Pacific based on empirical socio-legal research.
Download or read book Who Judges? written by Rieko Kage and published by Cambridge University Press. This book was released on 2017-10-12 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: The delivery of justice is a core function of the modern state. The recent introduction of jury/lay judge systems for criminal trials in Japan, South Korea, Spain, and perhaps soon Taiwan represents a potentially major reform of this core function, shifting decision making authority from professional judges to ordinary citizens. But the four countries chose to empower their citizens to markedly different degrees. Why? Who Judges? is the first book to offer a systematic account for why different countries design their new jury/lay judge systems in very different ways. Drawing on detailed theoretical analysis, original case studies, and content analysis of fifty years of Japanese parliamentary debates, the book reveals that the relative power of 'new left'-oriented political parties explains the different magnitudes of reform in the four countries. Rieko Kage's vital new study opens up an exciting new area of research for comparative politics and socio-legal studies.
Book Synopsis Foreign Judges in the Pacific by : Anna Dziedzic
Download or read book Foreign Judges in the Pacific written by Anna Dziedzic and published by Bloomsbury Publishing. This book was released on 2021-11-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.
Book Synopsis The Constitution of Czechia by : David Kosar
Download or read book The Constitution of Czechia written by David Kosar and published by Bloomsbury Publishing. This book was released on 2021-09-09 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a contextual and authoritative overview of the principles, doctrines and institutions that underpin the Czech constitution. The book explores key topics including; the Czech pluralist constitution, constitutional principles, the interaction between the legislature, executive and the judiciary, the role of local governance and application of fundamental rights in practice. It also covers the morphing of Czech constitutionalism as a result of personal politics, conventions, informal institutions and constitutional narratives and sentiments. This informative study allows students and scholars of law and politics to develop an informed view of how Czech democracy actually works and what its main challenges are.
Book Synopsis Access to Justice Beyond the State Courts by : Aimé-Parfait Niyonkuru
Download or read book Access to Justice Beyond the State Courts written by Aimé-Parfait Niyonkuru and published by LIT Verlag Münster. This book was released on 2021-12-28 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundis formal state court justice system. This book argues that engaging with out-of-court justice in Burundis legal pluralism model may positively impact on peoples access to justice, particularly for the poor and the underprivileged.
Book Synopsis Presidential Power in Latin America by : Dan Berbecel
Download or read book Presidential Power in Latin America written by Dan Berbecel and published by Routledge. This book was released on 2021-12-23 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: What explains variance in presidential power between countries? In Presidential Power in Latin America, Dan Berbecel provides a general, systematic theory for explaining presidential power in practice as opposed to presidential power in theory. Using expert survey data from Varieties of Democracy (V-Dem) alongside interviews with high-level figures in politics, the judiciary, the public administration, NGOs, and academia in Argentina and Chile, Berbecel argues that constitutional presidential power (formal power) is a very poor predictor of presidential power in practice (informal power). Given the poor predictive value of formal rules, he provides an explanation why hyperpresidentialism emerges in some countries but not in others. Berbecel attributes the root causes of hyperpresidentialism to three independent variables (the strength of state institutions, the size of the president’s party in congress, and whether or not the country has a history of economic crises) which together determine how likely it is that a president will be able to concentrate power. Presidential Power in Latin America will be of key interest to scholars and students of executive politics, Latin American politics, and more broadly, comparative politics.
Book Synopsis Gender and the Court of Justice of the European Union by : Jessica Guth
Download or read book Gender and the Court of Justice of the European Union written by Jessica Guth and published by Routledge. This book was released on 2018-07-27 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering an alternative exploration of the Court of Justice of the European Union (CJEU) and its work, this book aims to start a conversation between legal, political and gendered examinations of the Court of Justice and some of the substantive areas of law it is concerned with. In doing so, it provides a broader and more holistic view of the Court and its work which can add to our understanding of the institution, its role and its case law as well as the contribution it can and does make to shaping law and policy and EU and national level.
Book Synopsis The Routledge Handbook of Gender and EU Politics by : Gabriele Abels
Download or read book The Routledge Handbook of Gender and EU Politics written by Gabriele Abels and published by Routledge. This book was released on 2021-03-17 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook maps the expanding field of gender and EU politics, giving an overview of the fundamentals and new directions of the sub- discipline, and serving as a reference book for (gender) scholars and students at different levels interested in the EU. In investigating the gendered nature of European integration and gender relations in the EU as a political system, it summarizes and assesses the research on gender and the EU to this point in time, identifies existing research gaps in gender and EU studies and addresses directions for future research. Distinguished contributors from the US, the UK and continental Europe, and from across disciplines from political science, sociology, economics and law, expertly inform about gender approaches and summarize the state of the art in gender and EU studies. The Routledge Handbook of Gender and EU Politics provides an essential and authoritative source of information for students, scholars and researchers in EU studies/ politics, gender studies/ politics, political theory, comparative politics, international relations, political and gender sociology, political economy, European and legal studies/ law.
Book Synopsis The civil rights injunction for the protection of fundamental rights by : Allan R. Brewer Carias
Download or read book The civil rights injunction for the protection of fundamental rights written by Allan R. Brewer Carias and published by Ediciones Olejnik. This book was released on 2023-11-24 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book on The Civil Rights Injunction for the protection of Funda-mental Rights. The Latin American «Amparo» Proceeding, is the original version of the text I wrote for the Couse of Lectures I gave, as Adjunct Professor of Law, on a Seminar on Judicial Protection of Fundamental Rights in Latin America: the Amparo Proceeding, at the Columbia Law School in New York, University of Columbia, during the years 2006-2008. The Seminar was intended to examine the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the “amparo” suit, action or recourse– including the old habeas corpus writ and the new habeas data actions or recourses. By means of a comparative constitutional law approach, also with reference to the United States civil rights injunctions, the Course analyzed this Latin American institution departing from the regulation of the “amparo” guarantee established in Article 25 of the 1969 American Convention of Human Rights which entered into force in 1978 after being ratified by all Latin American States. The amparo suit or proceeding is not only an effective judicial means for the restoration of the injured constitutional rights that has been harmed, similar to the reparative or restorative civil rights injunctions in the United States, but it is also the effective judicial means for the protection of such rights and guaranties when threatened to be violated or harmed. This latter amparo suit is then similar to the preventive civil rights injunctions in the United States; “preventive” in the sense of avoiding harm; which, in this case, “seeks to prohibit some discrete act or series of acts from occurring in the future”, and is designed “to avoid future harm to a party by prohibiting or mandating certain behavior to another party”. From this point of view, thus, in a constitutional comparative law approach, the Latin American amparo action or proceeding, is a judicial remedy similar to the civil rights injunctions (restorative or preventive) in the United States". Allan R. Brewer Carías.
Book Synopsis Transformative Constitutionalism in Latin America by : Armin von Bogdandy
Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Book Synopsis A Contribution to the Empirics of Economic Development by : Klaus Gründler
Download or read book A Contribution to the Empirics of Economic Development written by Klaus Gründler and published by BoD – Books on Demand. This book was released on 2018-06-08 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are some nations rich and others poor? What are the sources of long-run economic development and growth? How can living standards be increased? In this book, Klaus Gründler empirically analyses these central economic questions and puts a particular emphasis on the role of technology, inequality, and political institutions. To substantiate his empirical studies, he introduces a new method to compute composite measures and indices that is based on mathematical algorithms from the field of machine learning.
Book Synopsis Constitutional Culture, Independence, and Rights by : Javier Garcia Oliva
Download or read book Constitutional Culture, Independence, and Rights written by Javier Garcia Oliva and published by University of Toronto Press. This book was released on 2023-05-26 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutional Culture, Independence, and Rights, Javier García Oliva and Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations that govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and it powerfully demonstrates why the hypothetical future independence of these regions would have far-reaching practical consequences, beyond the realm of political structures and academic theory. The book does not present a magic bullet to resolve debates around independence – this is not its purpose, and the text in fact demonstrates why there is no objectively optimal approach in any or all contexts. Instead, it seeks to shed light on aspects of these situations often overlooked in discussions around the fate of nations, and it addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional culture is a complex web of interconnected understandings and behaviours, and the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure.
