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On Judicial And Quasi Judicial Independence
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Book Synopsis On Judicial and Quasi-judicial Independence by : Suzanne Comtois
Download or read book On Judicial and Quasi-judicial Independence written by Suzanne Comtois and published by Eleven International Pub. This book was released on 2013 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the 'Netherlands Institute for Law and Governance Series' is the result of an international conference on the theme 'Judicial and Quasi-Judicial Independence' held on 25 May 2012 in Groningen, the Netherlands. It is the objective of this book, as of the conference that preceded it, to bring together eminent judges and scholars, from various jurisdictions to reflect on the fundamental principles of judicial and quasi-judicial independence, to help clarify the concepts and to discuss the threats and challenges that call for different safeguards or solutions.
Book Synopsis The Politics of Judicial Independence by : Bruce Peabody
Download or read book The Politics of Judicial Independence written by Bruce Peabody and published by JHU Press. This book was released on 2011 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.
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 Quasi-Judicial Proceedings by : Chidambaram Ramesh
Download or read book Quasi-Judicial Proceedings written by Chidambaram Ramesh and published by . This book was released on 2012-07-07 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are numerous areas of daily life where quasi-judicial decisions affect the lives of ordinary people. Our constitution envisages a welfare state in which every citizen must have justice – social, economical and political. During performance of its functions, the State has to strike a balance between the competing private rights of the citizens and the interests of the State. The increased role of government in a welfare state has brought about a proliferation of disputes between the citizens and the government departments. Again, the subjects of dispute are so complex and technical that the conventional judges can hardly cope up with. The number of such disputes is also too big to be handled by the traditional court system. These disputes can often be better dealt with by experts in the respective fields rather than by conventional judges. It is not an exaggeration to say that the administrative adjudicators render more decisions than the judges decide in the traditional court system. Thus the administrative justice is increasingly considered not only on the basis of rule of law, but as a necessity of good governance. Chidambaram Ramesh' “Quasi-judicial Proceedings” explains the basic principles of quasi-judicial proceedings lucidly and with the aid of relevant case laws. The book discusses all the essential aspects of a quasi-judicial order, such as, elements of a fair quasi-judicial hearing, nature of the proceedings, principles of natural justice, techniques on judgment writing, judicial review and the powers of the inquiry officer under the Code of Civil Procedure. It brings together important ideas and experiences about how quasi-judicial authorities are to go about their role of conducting a quasi-judicial hearing and tries to demystify the task of drafting a credible, professional and dignified quasi-judicial order. Being the first book in India exclusively on quasi-judicial matters, and illustrated richly with many judicial references, the main object of the publication is to provide an overview of what constitutes a quasi-judicial order and how to make it withstand the wider test of judicial scrutiny.
Book Synopsis Judicial Control of Public Administration in Afghanistan by : Mirwais Ayobi
Download or read book Judicial Control of Public Administration in Afghanistan written by Mirwais Ayobi and published by LIT Verlag. This book was released on 2022-05-10 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public administration is essential for the realisation of the rule of law and democracy. To date, there is virtually no effective judicial protection in Afghanistan. However, a study of Afghan legal history suggests that the country has certain - currently underdeveloped - institutions that could be used as the basis for the creation of judicial control. Based on a historical study, the book elaborates the pluralist legal culture of Afghanistan, rooted in tribal and Islamic legal conceptions alongside a State legal system. The author proposes practical solutions for the development of judicial control of public administration in Afghanistan. Dr. Mirwais Ayobi has more than a decade of experience as an assistant professor of law and political science in Afghanistan. His work focuses on administrative law, constitutional law, public administration and judicial review.
Download or read book Administrative Procedure Act written by and published by . This book was released on 1946 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Power by : Christine Landfried
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
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 Quangos, Accountability and Reform by : Martin J. Smith
Download or read book Quangos, Accountability and Reform written by Martin J. Smith and published by Palgrave Macmillan. This book was released on 1999-01-11 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quangos are now a permanent layer of governance in Britain. This collection challenges the stale debate which portrays quangos as inherently undemocratic. Whilst accepting that problems exist this book accepts that quangos are here to stay. Through a collection of chapters by practitioners, politicians and academics it recognises both the pitfalls and potential offered by these bodies. The book therefore illuminates a new perspective on the debate which for the first time highlights the democratic possibilities of quangos. The book advances and clarifies this complex debate by examining the British reform debate in an international context, and blends theoretical analysis with illuminating case studies from Quango Chief Executives and concrete proposals for reform.
Book Synopsis Towards Juristocracy by : Ran Hirschl
Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Book Synopsis The Global Expansion of Judicial Power by : C Neal Tate
Download or read book The Global Expansion of Judicial Power written by C Neal Tate and published by NYU Press. This book was released on 1997-06-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
Book Synopsis Perils of Judicial Self-Government in Transitional Societies by : David Kosař
Download or read book Perils of Judicial Self-Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Book Synopsis Judicial Independence by : Martine Valois
Download or read book Judicial Independence written by Martine Valois and published by . This book was released on 2013 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Challenged Justice: In Pursuit of Judicial Independence by : Shimon Shetreet
Download or read book Challenged Justice: In Pursuit of Judicial Independence written by Shimon Shetreet and published by BRILL. This book was released on 2021-08-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Book Synopsis A Commentary on the Paris Principles on National Human Rights Institutions by : Gauthier de Beco
Download or read book A Commentary on the Paris Principles on National Human Rights Institutions written by Gauthier de Beco and published by Cambridge University Press. This book was released on 2014-11-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles relating to the Status of National Institutions (the Paris Principles) were adopted by National Human Rights Institutions (NHRIs) and endorsed by both the UN General Assembly and Human Rights Commission. Since their adoption, they have become the standards applicable to these institutions with a mandate to promote and protect human rights. This book offers a complete study of the Paris Principles, which includes an appraisal of their establishment, evolution and potential for the future; a comprehensive commentary on each provision; and a practical guide to their interpretation, including the implications they have for the implementation of the competencies of NHRIs. This is the first book to thoroughly analyse the Paris Principles and will be essential reading for a global audience of both practitioners working for NHRIs and the UN as well as human rights scholars.
Book Synopsis Post-Election Violence in Africa by : Meshack Simati
Download or read book Post-Election Violence in Africa written by Meshack Simati and published by Routledge. This book was released on 2021-09-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the effect of the judiciary on the incidence of post-election violence by political actors across Africa and within African countries. It examines how variation in judicial independence can constrain or incentivize election violence among democratizing states. Using case studies and cross-national analysis, the book shows that variation in levels of judicial independence from a non-independent judiciary to a quasi-independent judiciary or from a fully independent judiciary to quasi-independent judiciary increases the likelihood of strategic use of post-election violence by non-state actors. However, the likelihood of post-election violence is significantly reduced in non-independent judiciaries or once countries' judiciaries become fully independent. The author makes the theoretical argument that, within unconsolidated states, non-state actors that view the judiciary as semi-independent are more likely to engage in post-election violence with the purpose of creating political and professional uncertainty in order to influence assertive behaviour from judges in disputed elections. Consequently, the book argues that semi-independent judiciaries or judiciaries that are neither fully controlled by the incumbent nor fully independent from the incumbent can help explain post-election violence among unconsolidated states, all else being equal. This book will be of interest to scholars of election violence, democratic politics, law and politics and African politics.
Book Synopsis The Resolution of Inter-State Disputes in Civil Aviation by : Luping Zhang
Download or read book The Resolution of Inter-State Disputes in Civil Aviation written by Luping Zhang and published by Oxford University Press. This book was released on 2022-01-06 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Dr Luping Zhang investigates dispute resolution mechanisms in international civil aviation with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The ICAO was created as a result of the Convention on International Civil Aviation (Chicago Convention) laying the foundations for these dispute resolution mechanisms in international civil aviation, although it neglected to cover economic regulations. Over the years there has been a proliferation of bilateral Air Services Agreements (ASA)s and multilateral treaties. With the advancement of aviation technology, The Resolution of Inter-State Disputes in Civil Aviation considers whether dispute resolution mechanisms should be modernised, and if so, what form this modernisation might take. It explores this through five chapters: the first chapter defines the scope of the research and introduces the methodology. The second chapter traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs, with the most up-to-date data. The third chapter analyses how disputes brought forward in relation to the treaties in Chapter II are resolved in practice. The fourth chapter builds on empirical evidence to critically assesses the political and legal implications of settling international aviation disputes. The final chapter proposes a model for reform based on this cumulative research, introducing a proposal for amending rules and procedures in the ICAO, as well as for the establishment of a new arbitral institution.
