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Judicial Integrity
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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.
Book Synopsis Model Code of Judicial Conduct by : American Bar Association
Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Integrity of the Judge by : Jonathan Soeharno
Download or read book The Integrity of the Judge written by Jonathan Soeharno and published by Routledge. This book was released on 2016-03-03 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no consensus among legal scholars on the meaning of judicial integrity, nor has legal scholarship yet seen a well-articulated discussion about the normative concept of judicial integrity. This book makes an analysis of the discourses on judicial integrity in judiciaries in both established and developing democracies. In the former, the rule of law is well-developed and trust in the judges is high, yet new demands for accountability emerge. In the latter, traditional integrity problems such as fraud and corruption take centre stage. The author argues that integrity must be understood both as professional virtue -discussed here through the lens of virtue ethical theory - and as the safeguarding of public trust, as understood through institutional theory. The Integrity of the Judge is a significant new work for legal theorists and philosophers, as well as scholars of legal and judicial ethics.
Book Synopsis Judicial Ethics by : Jeffrey M. Sharman
Download or read book Judicial Ethics written by Jeffrey M. Sharman and published by Inter-American Development Bank. This book was released on 1996-05-01 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph was written for the Judicial Reform Roundtable II held May 19-22, 1996 in Williamsburg, Virginia. It discusses the need for the rule of law and separation of powers; the need for judicial independence; and judicial responsibility, integrity, and discipline in the United States.
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 Code of Conduct for United States Judges by : Judicial Conference of the United States
Download or read book Code of Conduct for United States Judges written by Judicial Conference of the United States and published by . This book was released on 1993 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Code of Judicial Conduct for United States Judges by : American Bar Association
Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Reputation by : Nuno Garoupa
Download or read book Judicial Reputation written by Nuno Garoupa and published by University of Chicago Press. This book was released on 2015-11-20 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.
Book Synopsis Judicial Tyranny by : Carrol D. Kilgore
Download or read book Judicial Tyranny written by Carrol D. Kilgore and published by CreateSpace. This book was released on 2012-11-11 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Below title: (21st Century Edition) The original edition of Judicial Tyranny, published in 1977, was the first exhaustive examination of the work of the Supreme Court in relation of the required oath to support the Constitution, which the Court has called "the imperative of judicial integrity." It showed there were many important areas in which the Court substituting for the Constitution's declared supremacy mere philosophical beliefs held from time to time by majority of the justices then sitting. There has not been-nor can there be-any claim that these proofs are inaccurate. Indeed, the U. S. Supreme Court Historical Society has opined that they are accurate, indeed-"Though this work is exceedingly biased and fails to offer any practical solutions to the problems discussed, Judicial Tyranny remains a sound history of recent Supreme Court action." The author defends his bias: He insists that every judge who swears to support the Constitution should take that oath to heart-he must be loyal to the Constitution's provisions instead of to political writings of earlier judges in the form of judicial opinions. This is not an arcane subject. So fundamental is the principle of constitutional supremacy that it was early demonstrated that the judicial oath requires every judge, in enforcing "laws," to determine by rational analysis if that law actually is not law because it is contrary to the Constitution. Yet no one can truthfully deny the fact that the Government of the United States has essentially destroyed the Constitution by exercising powers that the people-through the Constitution-with-held from the Government. And there are two aspects of this basic truth: 1.The people of the original 13 states actually adopted the Constitution, and fully understood that by doing this, they were authorizing the government to come into existence, were specifying precisely what powers they were giving the government, and denying it any authority to exercise other powers. This was done by language so plain that no one could honestly disregard it. 2.With our Government having so grossly departed from Constitutional mandates, and having usurped vast powers never given to it, there is only one thing that made these usurpations possible: The continuing actions by the federal judiciary in deciding whether government actions were lawful, which they did by creating sophistry to show that the government had these powers. Here are a few excerpts from the new edition of Judicial Tyranny: "Faced with a choice between political convenience and integrity's command of yielding to the supremacy of the Constitution, the Court chose convenience." "This ostensible defense of constitutional supremacy carries with it two glaring defects-the arrogant claim of judicial supremacy over the legislative branch and judicial willingness to disregard the Constitution if the degree of peril shall impress the judiciary as adequately extreme. The proper position of public servants in both these government branches is an attitude of subservience to the supreme law." "If 'First Amendment Liberties' may be defined and limited by the Federal judiciary, then every liberty can be so defined and limited." The details of how all these usurpations occurred are carefully spelled out in this book. The acts are not merely described. Explanations and quotations from many judicial opinions prove that this occurred and demonstrated how it happened.
Book Synopsis The Judicial Function by : Joe McIntyre
Download or read book The Judicial Function written by Joe McIntyre and published by Springer Nature. This book was released on 2019-09-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.
Book Synopsis Corruption, Grabbing and Development by : Tina Søreide
Download or read book Corruption, Grabbing and Development written by Tina Søreide and published by Edward Elgar Publishing. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: All societies develop their own norms about what is fair behaviour and what is not. Violations of these norms, including acts of corruption, can collectively be described as forms of 'grabbing'. This unique volume addresses how grabbing hinders development at the sector level and in state administration. The contributors - researchers and practitioners who work on the ground in developing countries - present empirical data on the mechanisms at play and describe different types of unethical practices.
Book Synopsis Ethical Principles for Judges by : Canadian Judicial Council
Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 1998 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Book Synopsis Judicial Conduct and Ethics by : Charles Gardner Geyh
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:
Book Synopsis Judicial Tyranny by : Carrol D. Kilgore
Download or read book Judicial Tyranny written by Carrol D. Kilgore and published by . This book was released on 1977 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published at the beginning of the third century of American independence.
Book Synopsis Revisiting Integrity in International Justice by : Morten Bergsmo
Download or read book Revisiting Integrity in International Justice written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2018-08-06 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Power in a Globalized World by : Paulo Pinto de Albuquerque
Download or read book Judicial Power in a Globalized World written by Paulo Pinto de Albuquerque and published by Springer Nature. This book was released on 2019-08-21 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
Book Synopsis Constitutional Conscience by : H. Jefferson Powell
Download or read book Constitutional Conscience written by H. Jefferson Powell and published by University of Chicago Press. This book was released on 2008-09-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
