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Author : Jerzy Makarczyk
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (822 download)
Download or read book The international judicial function written by Jerzy Makarczyk and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Juul
Publisher :
ISBN 13 : 9780738842431
Total Pages : 119 pages
Book Rating : 4.8/5 (424 download)
Download or read book Some Reflections on Judicial Activism written by Robert Juul and published by . This book was released on 2000 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: The founding fathers of the United States were the authors of the United States Constitution which has served this country well for over two centuries. This book is about judicial activism. There are two important provisions of the Constitution which are involved in this discussion. First, the Constitution provides for the separation of powers in the Federal Government. Second, the Constitution guarantees to every state in the Union a Republican form of government, which gives the people of the States the power to govern themselves. Judicial activism occurs when the United States Supreme Court exercises legislative power. President Washington cautioned those entrusted with the administration of the government to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. When the Supreme Court legislates, it tends to impair the capacity of the State governments to govern themselves. The book contains several historical sketches which describe the development of the rule of law, the development of the common law in England, the making of the United States Constitution, plus several sketches that describe some aspects of the legal systems in the United States. The rule of law was a very important concept that was acquired by the original States from their colonial experience. When the departments of the United States government do not observe and respect the separation of powers, they do not follow the rule of law. Also, included is a Chapter Entitled "The Judicial Assault on Religious Liberty".
Author : Joe McIntyre
Publisher : Springer Nature
ISBN 13 : 981329115X
Total Pages : 304 pages
Book Rating : 4.8/5 (132 download)
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.
Author : Rainer Arnold
Publisher : Springer
ISBN 13 : 3319551868
Total Pages : 444 pages
Book Rating : 4.3/5 (195 download)
Download or read book Rule of Law, Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author : Rainer Arnold
Publisher : Springer
ISBN 13 : 9783319855899
Total Pages : 446 pages
Book Rating : 4.8/5 (558 download)
Download or read book Rule of Law, Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2018-07-28 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author : Adam Dodek
Publisher :
ISBN 13 : 9781552211953
Total Pages : 641 pages
Book Rating : 4.2/5 (119 download)
Download or read book Judicial Independence in Context written by Adam Dodek and published by . This book was released on 2010 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Independence in Context is a collection of essays by leading scholars, lawyers, and judges that examines both the theory and practice of judicial independence in Canada and around the world. Contributors assess the legacy of the Supreme Court of Canada's controversial landmark decision in the Provincial Judges Reference while other essays address the need for institutional reform in Canada outside the salary remuneration setting in the areas of court administration and judicial appointments. The book also examines linkages between judicial independence and other issues such as diversity, social context education for judges, public criticism of judges, public policy, and technology. Other contributions examine issues of judicial independence in the United Kingdom, the United States, South Africa, Israel, and Pakistan.
Author : Joseph R. Grodin
Publisher :
ISBN 13 : 9780520066540
Total Pages : 208 pages
Book Rating : 4.0/5 (665 download)
Download or read book In Pursuit of Justice written by Joseph R. Grodin and published by . This book was released on 1989 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the role of state courts in shaping the law, and reflects his experiences in his years on the bench
Author : Felix Frankfurter
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.3/5 (91 download)
Download or read book Some Reflections on the Reading of Statutes written by Felix Frankfurter and published by . This book was released on 1947 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Justice John Paul Stevens
Publisher : Little, Brown
ISBN 13 : 0316489670
Total Pages : 560 pages
Book Rating : 4.3/5 (164 download)
Download or read book The Making of a Justice written by Justice John Paul Stevens and published by Little, Brown. This book was released on 2019-05-14 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: A "timely and hugely important" memoir of Justice John Paul Stevens's life on the Supreme Court (New York Times). When Justice John Paul Stevens retired from the Supreme Court of the United States in 2010, he left a legacy of service unequaled in the history of the Court. During his thirty-four-year tenure, Justice Stevens was a prolific writer, authoring more than 1000 opinions. In The Making of a Justice, he recounts his extraordinary life, offering an intimate and illuminating account of his service on the nation's highest court. Appointed by President Gerald Ford and eventually retiring during President Obama's first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society during some of the most important Supreme Court decisions over the last four decades. With stories of growing up in Chicago, his work as a naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, The Making of a Justice is a warm and fascinating account of Justice Stevens's unique and transformative American life.
Author : Jesse H. Choper
Publisher : Quid Pro Books
ISBN 13 : 1610271718
Total Pages : 441 pages
Book Rating : 4.6/5 (12 download)
Download or read book Judicial Review and the National Political Process written by Jesse H. Choper and published by Quid Pro Books. This book was released on 2013-05-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Author : Eoin Carolan
Publisher :
ISBN 13 : 9781910393192
Total Pages : 432 pages
Book Rating : 4.3/5 (931 download)
Download or read book Judicial Power in Ireland written by Eoin Carolan and published by . This book was released on 2018-08 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Siri Gloppen
Publisher : Psychology Press
ISBN 13 : 9780714655680
Total Pages : 228 pages
Book Rating : 4.6/5 (556 download)
Download or read book Democratization and the Judiciary written by Siri Gloppen and published by Psychology Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.
Author : Peter H. Russell
Publisher : University of Toronto Press
ISBN 13 : 0802093817
Total Pages : 489 pages
Book Rating : 4.8/5 (2 download)
Download or read book Appointing Judges in an Age of Judicial Power written by Peter H. Russell and published by University of Toronto Press. This book was released on 2006-01-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Author : Brian T. Fitzpatrick
Publisher : University of Chicago Press
ISBN 13 : 022665933X
Total Pages : 283 pages
Book Rating : 4.2/5 (266 download)
Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Author : Matthew C. Ingram
Publisher : University of Notre Dame Pess
ISBN 13 : 0268102848
Total Pages : 463 pages
Book Rating : 4.2/5 (681 download)
Download or read book Beyond High Courts written by Matthew C. Ingram and published by University of Notre Dame Pess. This book was released on 2019-05-15 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region’s large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes those changes, and what consequences they have. The volume also pays close attention to how justice institutions function as a system, exploring institutional interactions across branches and among levels of government (subnational, national, supranational) and analyzing how they help to shape, and are shaped by, politics and law. Incorporating the institutions examined in the volume into the literature on comparative legal institutions deepens our understanding of justice systems and how their component institutions can both bolster and compromise democracy and the rule of law. Contributors: Matthew C. Ingram, Diana Kapiszewski, Azul A. Aguiar-Aguilar, Ernani Carvalho, Natália Leitão, Catalina Smulovitz, John Seth Alexander, Robert Nyenhuis, Sídia Maria Porto Lima, José Mário Wanderley Gomes Neto, Danilo Pacheco Fernandes, Louis Dantas de Andrade, Mary L. Volcansek, and Martin Shapiro.
Author : Arthur Koestler
Publisher : University of Georgia Press
ISBN 13 : 0820355348
Total Pages : 256 pages
Book Rating : 4.8/5 (23 download)
Download or read book Reflections on Hanging written by Arthur Koestler and published by University of Georgia Press. This book was released on 2019-03-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflections on Hanging is a searing indictment of capital punishment, inspired by its author’s own time in the shadow of a firing squad. During the Spanish Civil War, Arthur Koestler was held by the Franco regime as a political prisoner, and condemned to death. He was freed, but only after months of witnessing the fates of less-fortunate inmates. That experience informs every page of the book, which was first published in England in 1956, and followed in 1957 by this American edition. As Koestler ranges across the history of capital punishment in Britain (with a focus on hanging), he looks at notable cases and rulings, and portrays politicians, judges, lawyers, scholars, clergymen, doctors, police, jailers, prisoners, and others involved in the long debate over the justness and effectiveness of the death penalty. In Britain, Reflections on Hanging was part of a concerted, ultimately successful effort to abolish the death penalty. At that time, in the forty-eight United States, capital punishment was sanctioned in forty-two of them, with hanging still practiced in five. This edition includes a preface and afterword written especially for the 1957 American edition. The preface makes the book relevant to readers in the U.S.; the afterword overviews the modern-day history of abolitionist legislation in the British Parliament. Reflections on Hanging is relentless, biting, and unsparing in its details of botched and unjust executions. It is a classic work of advocacy for some of society’s most defenseless members, a critique of capital punishment that is still widely cited, and an enduring work that presaged such contemporary problems as the sensationalism of crime, the wrongful condemnation of the innocent and mentally ill, the callousness of penal systems, and the use of fear to control a citizenry.
Author : Richard H. Fallon
Publisher : Harvard University Press
ISBN 13 : 0674975812
Total Pages : 237 pages
Book Rating : 4.6/5 (749 download)
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
