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Author : Manas Chakrabarty
Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.3/5 (91 download)
Download or read book Judicial Behaviour and Decision Making of the Supreme Court of India written by Manas Chakrabarty and published by . This book was released on 2000 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Vijay Kumar Gupta
Publisher : Kaveri Books
ISBN 13 : 9788174790064
Total Pages : 240 pages
Book Rating : 4.7/5 (9 download)
Download or read book Decision Making in the Supreme Court of India written by Vijay Kumar Gupta and published by Kaveri Books. This book was released on 1995 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Work Offers A Quantitative Analysis Of The Indian Supreme Court S Decision-Making Process Adopting A Methodology Which Is Unorthodox As Well As Innovative In The Field Of Judicial Research In India. It Is Unorthodox In The Sense That It Makes A Complete Departure From The Mainstream Writings Of The Common Law Traditions And Shifts Its Focus From What The Judges Say In Their Opinions To What Do They Do By Casting Their Votes In Favour Or Against The Parties Involved In The Controversies Before Them. The Methodology Is Innovative To The Extent That For The First Time The Individual Judges Decision Making Behaviour Has Been Subjected To A Rigorous Quantitative Analysis In The Overall Institutional Context. The Book Examines A Whole Range Of Factors Which Go As Essential Input Into The Supreme Court S Decision Making Process. Several Assumptions Relating To The Appointment Of Judges In The Court, The Chief Justice And His Leadership Role, The Business Environment, The Structural Arrangement Of Its Decision-Making Function, The Nature Of Agreement And Disagreement Among The Judges On The Decision Making Panels And The Value Orientation Of Judges Have Been Subjected To Close Scrutiny With A View To Provide An Understanding Of How The Decision-Makers In The Apex Court Go About Making Decisions Which Are Not Only Of Great Significance For The Immediate Parties Involved But At Times May Have Far Reaching Consequences For A Large Number Of Groups And Sections Of The Indian Society. Chapter 1: Jurimetrics: A Note On Methodology; Part I- The Decision Makers; Chapter 2: Appointment Of The Chief Justice Of India; Chapter 3: Selection And Appointment Of Judges; Part Ii- Institutional Environment; Chapter 4: Business Of The Court; Chapter 5: Structure Of Decision Making; Part Iii- Voting Behaviour; Chapter 6: Nature Of Participation: Dissent, Concurrence And Unanimity; Chapter 7: Attitudes And Value Orientations; Part Iv- Conclusion; Chapter 8: Conclusion.
Author : Glendon A. Schubert
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.:/5 (1 download)
Download or read book Comparative Judicial Behavior written by Glendon A. Schubert and published by . This book was released on 1969 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Benjamin Alarie
Publisher : Oxford University Press
ISBN 13 : 0190466405
Total Pages : 200 pages
Book Rating : 4.1/5 (94 download)
Download or read book Commitment and Cooperation on High Courts written by Benjamin Alarie and published by Oxford University Press. This book was released on 2017-07-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Author : Lee Epstein
Publisher : Harvard University Press
ISBN 13 : 0674070682
Total Pages : 491 pages
Book Rating : 4.6/5 (74 download)
Download or read book The Behavior of Federal Judges written by Lee Epstein and published by Harvard University Press. This book was released on 2013-01-07 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
Author : Gerald N. Rosenberg
Publisher : Cambridge University Press
ISBN 13 : 1108474500
Total Pages : 377 pages
Book Rating : 4.1/5 (84 download)
Download or read book A Qualified Hope written by Gerald N. Rosenberg and published by Cambridge University Press. This book was released on 2019-08-29 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author : Edward McWhinney
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024732036
Total Pages : 334 pages
Book Rating : 4.7/5 (32 download)
Download or read book Supreme Courts and Judicial Law-Making written by Edward McWhinney and published by Martinus Nijhoff Publishers. This book was released on 1986 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of Justice & Specific Problems. Added features of this publication include a list of abbreviations, an extensive glossary, maps, & charts. This book is an offprint of the International Encyclopaedia of Laws: Constitutional Law .
Author : Benjamin Nathan Cardozo
Publisher :
ISBN 13 :
Total Pages : 218 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by . This book was released on 1921 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.
Author : Dinah Shelton
Publisher : UNEP/Earthprint
ISBN 13 : 9280725556
Total Pages : 160 pages
Book Rating : 4.2/5 (87 download)
Download or read book Judicial Handbook on Environmental Law written by Dinah Shelton and published by UNEP/Earthprint. This book was released on 2005 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.
Author :
Publisher : Government Printing Office
ISBN 13 : 9780160588532
Total Pages : 1016 pages
Book Rating : 4.5/5 (885 download)
Download or read book Public Papers of the Presidents of the United States, Dwight D. Eisenhower, 1959 written by and published by Government Printing Office. This book was released on 1999-06 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spine title reads: Public Papers of the Presidents, Dwight D. Eisenhower, 1959. Contains public messages and statements of the President of the United States released by the White House from January 1-December 31, 1959. Also includes appendices and an index. Item 574-A. Related items: Public Papers of the Presidents collection can be found here: https://bookstore.gpo.gov/catalog/public-papers-presidents
Author : R. C. Lahoti
Publisher : Universal Law Publishing
ISBN 13 : 9788175344631
Total Pages : 112 pages
Book Rating : 4.3/5 (446 download)
Download or read book Canons of Judicial Ethics written by R. C. Lahoti and published by Universal Law Publishing. This book was released on 2005 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: First M.C. Setalvad Memorial Lecture, held at India Habitat Centre, New Delhi on 22nd Feb., 2005.
Author : George H. Gadbois
Publisher : Oxford University Press
ISBN 13 : 0199093180
Total Pages : 280 pages
Book Rating : 4.1/5 (99 download)
Download or read book Supreme Court of India written by George H. Gadbois and published by Oxford University Press. This book was released on 2018-01-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading expert on Indian judiciary, George Gadbois offers a compelling biography of the Supreme Court of India, a powerful institution. Written and researched when he was a graduate student in the 1960s, this book provides the first comprehensive account of the Court’s foundation and early years. Gadbois opens with Hari Singh Gour’s proposal in 1921 to establish an indigenous ultimate court of appeal. After analyzing events preceding the Federal Court’s creation under the Government of India Act, 1935, Gadbois explores the Court’s largely overlooked role and record. He goes on to discuss the Constituent Assembly’s debates about Indian judiciary and the Supreme Court’s powers and jurisdiction under the Constitution. He pays particular attention to the history and practice of judicial appointments in India. In the book’s later chapters, Gadbois assesses the functioning of the Supreme Court during its first decade and a half. He critically analyzes its first decisions on free speech, equality and reservations, preventive detention, and the right to property. The book is an institutional tour de force beginning with the Federal Court’s establishment in December 1937, through the Supreme Court’s inauguration in January 1950, and until the death of Jawaharlal Nehru in May 1964.
Author : Jeffrey A. Segal
Publisher : Cambridge University Press
ISBN 13 : 9780521789714
Total Pages : 484 pages
Book Rating : 4.7/5 (897 download)
Download or read book The Supreme Court and the Attitudinal Model Revisited written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2002-09-16 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two leading scholars of the Supreme Court explain and predict its decision making.
Author : Charles Gardner Geyh
Publisher :
ISBN 13 : 9781663308368
Total Pages : pages
Book Rating : 4.3/5 (83 download)
Download or read book Judicial Conduct and Ethics written by Charles Gardner Geyh and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lee Epstein
Publisher : Cambridge University Press
ISBN 13 : 1009058738
Total Pages : 101 pages
Book Rating : 4.0/5 (9 download)
Download or read book The Strategic Analysis of Judicial Behavior written by Lee Epstein and published by Cambridge University Press. This book was released on 2021-06-17 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past decade has witnessed a worldwide explosion of work aimed at illuminating judicial-behavior: the choices judges make and the consequences of their choices. We focus on strategic accounts of judicial-behavior. As in other approaches to judging, preferences and institutions play a central role but strategic accounts are unique in one important respect: They draw attention to the interdependent - i.e., the strategic - nature of judicial decisions. On strategic accounts, judges do not make decisions in a vacuum, but rather attend to the preferences and likely actions of other actors, including their colleagues, superiors, politicians, and the public. We survey the major methodological approaches for conducting strategic analysis and consider how scholars have used them to provide insight into the effect of internal and external actors on the judges' choices. As far as these studies have traveled in illuminating judicial-behavior, many opportunities for forward movement remain. We flag four in the conclusion.
Author : H. W. Perry
Publisher : Harvard University Press
ISBN 13 : 9780674042063
Total Pages : 332 pages
Book Rating : 4.0/5 (42 download)
Download or read book Deciding to Decide written by H. W. Perry and published by Harvard University Press. This book was released on 2009-06-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.
