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Judicializing Everything
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Book Synopsis Judicializing Everything? by : Mark S. Harding
Download or read book Judicializing Everything? written by Mark S. Harding and published by University of Toronto Press. This book was released on 2022 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.
Book Synopsis Watch Everything by : Charles A. Shaw
Download or read book Watch Everything written by Charles A. Shaw and published by iUniverse. This book was released on 2013-10-28 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charles A. Shaw grew up in a segregated African-American neighborhood in St. Louis. His tight-knit community supported him, and he was inspired to become first a teacher and then a lawyer. From there, he worked his way up to federal prosecutor and state judge before President Bill Clinton appointed him to the federal bench. Shaw quickly became dismayed by the inequality and severity of mandatory U.S. sentencing guidelines and how they affected young African-American men. Prosecutors opposed him at every turn as he sought to impose fair sentences, but he never wavered in seeking to promote equality and curb the destruction of African-American families. This insightful and at times humorous narrative demonstrates Shaws love for family, hard work, and God. Including an insiders view of an often unjust legal system, tales of working alongside some of the best legal minds in the country, and challenges to prevailing concepts, Watch Everything offers a rare glimpse into the professional life of an unconventional federal judge.
Book Synopsis Legislating under the Charter by : Emmett Macfarlane
Download or read book Legislating under the Charter written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2023-03-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.
Book Synopsis The World Bank Inspection Panel and Quasi-judicial Oversight by : Andria Naudé Fourie
Download or read book The World Bank Inspection Panel and Quasi-judicial Oversight written by Andria Naudé Fourie and published by . This book was released on 2009 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conceptualizes the World Bank Inspection Panel as a mechanism of quasi-judicial review or oversight, aimed at enhancing the accountability and legitimacy of the World Bank, which is conceived as an international institution exercising public power. The author engages in comparative constitutional law analysis, looking towards three non-international constitutional systems - the United States, the European Union, and post-Apartheid South Africa - to construct a conceptual model of judicial oversight that reflects the concept's nature, effect, and dynamics. The author employs this model to analyze the institutional history and practice of the World Bank Inspection Panel, covering the Panel's entire institutional lifespan. The author concludes that the nature, effect, and dynamics of judicial oversight - indeed, the "judicial spirit" - is more alive in this area of public international law than what might be expected. This book will be of interest to both constitutional and international lawyers, as well as legal practitioners and members of international civil society frequently engaging with international financial institutions such as the World Bank.
Book Synopsis Scalia v. Epstein by : Antonin Scalia
Download or read book Scalia v. Epstein written by Antonin Scalia and published by Cato Institute. This book was released on 1985-01-01 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the appointment of William H. Rehnquist as Chief Justice of the United States and Antonin Scalia as associate justice, there is renewed interest in questions of judicial activism and the role of the courts in protecting personal and economic liberties. To further public discussion of these fundamental questions, the Cato Institute is pleased to present this debate between Judge Scalia and Richard A.Epstein, James Parker Hall Professor of Law at the University of Chicago and editor of the Journal of Legal Studies. These papers were originally delivered at the Cato Institute's conference "Economic Liberties and the Judiciary" on October 26,1984, and appeared in the Winter 1985 issue of the Cato Journal.
Book Synopsis They Call it Justice by : Luther C. West
Download or read book They Call it Justice written by Luther C. West and published by Viking Adult. This book was released on 1977 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Political Trials in Theory and History by : Jens Meierhenrich
Download or read book Political Trials in Theory and History written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2017-02-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.
Book Synopsis Judicial Dialogue and Human Rights by : Amrei Müller
Download or read book Judicial Dialogue and Human Rights written by Amrei Müller and published by Cambridge University Press. This book was released on 2017-05-25 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
Book Synopsis Reconciliation After Violent Conflict by : David Bloomfield
Download or read book Reconciliation After Violent Conflict written by David Bloomfield and published by . This book was released on 2003 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a newly democratized nation constructively address the past to move from a divided history to a shared future? How do people rebuild coexistence after violence? The International IDEA Handbook on Reconciliation after Violent Conflict presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no "right answer" to the challenge of reconciliation, and so the Handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context. Also available in a French language version.
Book Synopsis The State of State Reform by : Eduardo Lora
Download or read book The State of State Reform written by Eduardo Lora and published by Stanford University Press. This book was released on 2007 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews state reforms in Latin America since the mid-1980s.
Book Synopsis Contested Constitutionalism by : James B. Kelly
Download or read book Contested Constitutionalism written by James B. Kelly and published by UBC Press. This book was released on 2010 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Download or read book Beyond Regimes written by Duara Prasenjit and published by BRILL. This book was released on 2020-10-26 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: "For many years, China and India have been powerfully shaped by both transnational and subnational circulatory forces. This edited volume explores these local and global influences as they play out in the contemporary era. The analysis focuses on four intersecting topics: labor relations; legal reform and rights protest; public goods provision; and transnational migration and investment. The eight substantive chapters and introduction share a common perspective in arguing that distinctions in regime type (“democracy” versus “dictatorship”) alone offer little insight into critical differences and similarities between these Asian giants in terms of either policies or performance. A wide variety of subnational and transnational actors, from municipal governments to international organizations, and from local NGO activists to a far-flung diaspora, have been—and will continue to be—decisive.The authors approach China and India through a strategy of “convergent comparison,” in which they investigate temporal and spatial parallels at various critical junctures, at various levels of the political system, and both inside and outside the territorial confines of the nation-state. The intensified globalization of recent decades only heightens the need to view state initiatives against such a wider canvas."
Book Synopsis Courts Without Cases by : Carissima Mathen
Download or read book Courts Without Cases written by Carissima Mathen and published by Bloomsbury Publishing. This book was released on 2019-04-18 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
Book Synopsis A Qualified Hope by : Gerald N. Rosenberg
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.
Download or read book Traffic World written by and published by . This book was released on 1960-10 with total page 1910 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cases and Materials Relating to Juvenile Courts by : Orman W. Ketcham
Download or read book Cases and Materials Relating to Juvenile Courts written by Orman W. Ketcham and published by . This book was released on 1967 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet
Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
