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Author : Nico Horn
Publisher :
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.F/5 ( download)
Download or read book The Independence of the Judiciary in Namibia written by Nico Horn and published by . This book was released on 2008 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gives an account of the independence of judiciary in Namibia.
Author : Tom S. Clark
Publisher : Cambridge University Press
ISBN 13 : 1139492314
Total Pages : 357 pages
Book Rating : 4.1/5 (394 download)
Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.
Author : Roger Masterman
Publisher : Cambridge University Press
ISBN 13 : 1139494295
Total Pages : 297 pages
Book Rating : 4.1/5 (394 download)
Download or read book The Separation of Powers in the Contemporary Constitution written by Roger Masterman and published by Cambridge University Press. This book was released on 2010-12-02 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
Author : Maria Jutta Mahalie
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.:/5 (824 download)
Download or read book Independence of the judiciary in the lower courts written by Maria Jutta Mahalie and published by . This book was released on 2002 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Nico Horn
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.F/5 ( download)
Download or read book Human Rights and the Rule of Law in Namibia written by Nico Horn and published by . This book was released on 2008 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a compilation of papers on current condition of the management of the rule of law in Namibia.
Author : Graham Gee
Publisher : Cambridge University Press
ISBN 13 : 1316240533
Total Pages : 307 pages
Book Rating : 4.3/5 (162 download)
Download or read book The Politics of Judicial Independence in the UK's Changing Constitution written by Graham Gee and published by Cambridge University Press. This book was released on 2015-03-12 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.
Author : Randall Peerenboom
Publisher : Cambridge University Press
ISBN 13 : 1107375584
Total Pages : 440 pages
Book Rating : 4.1/5 (73 download)
Download or read book Judicial Independence in China written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2009-11-23 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
Author : Anne-Doris Hans
Publisher :
ISBN 13 :
Total Pages : 86 pages
Book Rating : 4.:/5 (824 download)
Download or read book Does the executive pose a threat to judicial independence in Namibia? written by Anne-Doris Hans and published by . This book was released on 2001 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mengo D. F. Sichilongo
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.:/5 (31 download)
Download or read book Toward a New Legal System for Independent Namibia written by Mengo D. F. Sichilongo and published by . This book was released on 1981 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fifth in a series of studies concerned with policy options for an independent Namibia, focusing on the need for a fundamental change in the judicial structure. The first three chapters survey the present legal system, providing valuable information on the imposition of apartheid legal and administrative structures. The historical sections reveal the extent to which gradual incorporation into South Africa has taken place, leading to a legal system epitomizing racial inequality at all levels. The major part is devoted to an informed discussion of the options for a new legal system, based on the political goals of the liberation movement as well as the experiences of neighbouring countries. (Eriksen/Moorsom 1989).
Author : H. P. Lee
Publisher : Cambridge University Press
ISBN 13 : 1107137721
Total Pages : 473 pages
Book Rating : 4.1/5 (71 download)
Download or read book Asia-Pacific Judiciaries written by H. P. Lee and published by Cambridge University Press. This book was released on 2018 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Author : Arghya Sengupta
Publisher : Cambridge University Press
ISBN 13 : 1108626998
Total Pages : 338 pages
Book Rating : 4.1/5 (86 download)
Download or read book Independence and Accountability of the Higher Indian Judiciary written by Arghya Sengupta and published by Cambridge University Press. This book was released on 2019-05-23 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court of India is a powerful institution at the forefront of public attention in India. It is often engaged in a bitter duel with the government on issues as diverse as the administration of cricket in India to whether liquor shops are allowed on highways. Despite such public prominence, very little attention has been paid to who the judges of the Supreme Court are, how they are appointed, transferred and removed, and what they do after retirement. This book provides an account of these four facets of judicial functioning and analyses the processes in operation today. It argues that each of these four aspects gives rise to significant concerns pertaining to judicial independence, accountability, or both. Its main argument is that both judicial independence and accountability are necessary for 'an effective judiciary', and these two values are not in conflict with each other as is commonly assumed.
Download or read book Namibia written by and published by . This book was released on 2000 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: This booklet contains an easy to understand summary of selected human rights cases which were decided by our courts during the first ten years of Namibia Independence.
Author : Gretchen Helmke
Publisher : Cambridge University Press
ISBN 13 : 1139497162
Total Pages : 353 pages
Book Rating : 4.1/5 (394 download)
Download or read book Courts in Latin America written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2011-01-17 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.
Author : Jed Handelsman Shugerman
Publisher : Harvard University Press
ISBN 13 : 9780674055483
Total Pages : 0 pages
Book Rating : 4.0/5 (554 download)
Download or read book The People’s Courts written by Jed Handelsman Shugerman and published by Harvard University Press. This book was released on 2012-02-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People’s Courts traces the history of judicial elections and Americans’ quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present. In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election. The People’s Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.
Author : Richard Devlin
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902371
Total Pages : 384 pages
Book Rating : 4.7/5 (899 download)
Download or read book Disciplining Judges written by Richard Devlin and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.
Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1316999084
Total Pages : 411 pages
Book Rating : 4.3/5 (169 download)
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: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author : Amor, S.K.
Publisher : University of Namibia Press
ISBN 13 : 9991642412
Total Pages : 490 pages
Book Rating : 4.9/5 (916 download)
Download or read book An Introduction to Namibian Law written by Amor, S.K. and published by University of Namibia Press. This book was released on 2019-04-15 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author of this book, Prof. S.K. Amor, is Acting Director of the Justice Training Centre and lecturer at the University of Namibia. The writing of this book was inspired mainly by the fact that, despite Namibia's independence in 1990, Namibian legal practitioners, academics and students lecturing and studying law at the University of Namibia (UNAM) still do not have a truly Namibian reference book. Instead, they rely heavily on legal literature from South Africa and other countries. An Introduction to Namibian Law is an attempt to bridge this gap by introducing law academics, lecturers and students to the most important aspects of Namibian law. It explains the origin of the country's law and looks at the various influences over the years. The book contains material covered in various UNAM courses, such as Jurisprudence, Introduction to Cases, Comparative Law, Constitutional and Administrative Law, Interpretation of Statutes, and Civil and Criminal Procedure. It also contains various extracts in support of legal arguments, in which legal concepts are illustrated and thoroughly explained, as well as sample legal forms. Full accounts of certain cases are included to give students of Namibian law a depth of understanding of how Namibian law has been applied over the years.
