Courts, Politics and Constitutional Law

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Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 189 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Constitutional Judiciary in a New Democracy

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Publisher : University of Michigan Press
ISBN 13 : 9780472109654
Total Pages : 444 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Constitutional Judiciary in a New Democracy by : László Sólyom

Download or read book Constitutional Judiciary in a New Democracy written by László Sólyom and published by University of Michigan Press. This book was released on 2000 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe

Comparative Reasoning in European Supreme Courts

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Publisher : OUP Oxford
ISBN 13 : 0191669989
Total Pages : 321 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Comparative Reasoning in European Supreme Courts by : Michal Bobek

Download or read book Comparative Reasoning in European Supreme Courts written by Michal Bobek and published by OUP Oxford. This book was released on 2013-08-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.

The Legal Reasoning of the European Court of Justice

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Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 398 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Legal Reasoning of the European Court of Justice by : Joxerramon Bengoetxea

Download or read book The Legal Reasoning of the European Court of Justice written by Joxerramon Bengoetxea and published by Oxford University Press, USA. This book was released on 1993 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a jurisprudential approach help lawyers and legal philosophers to understand the sources, organization, and main features of European Community (EC) law? How does the European Court of Justice interpret EC law and justify its decisions? This study examines these questions and related issues--analyzing EC law and the decision-making process of the European Court of Justice from a legal theoretical perspective. The justification of legal decisions is a crucial issue in legal and political theory, with courts achieving legitimation through their practice of justification. This study also assesses the justificatory practice of the European Court of Justice and how its jurisprudential approach contributes to an understanding of European integration.

Constitutional Courts in Comparison

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Publisher :
ISBN 13 : 9781785332739
Total Pages : 304 pages
Book Rating : 4.3/5 (327 download)

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Book Synopsis Constitutional Courts in Comparison by : Ralf Rogowski

Download or read book Constitutional Courts in Comparison written by Ralf Rogowski and published by . This book was released on 2016 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

The Oxford Handbook of Criminal Process

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Publisher : Oxford University Press
ISBN 13 : 0190659866
Total Pages : 1034 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Criminal Process by : Darryl K. Brown

Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

The European Court of Human Rights

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Publisher : Edward Elgar Publishing
ISBN 13 : 1839108347
Total Pages : 296 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The European Court of Human Rights by : Helmut P. Aust

Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

Journal of the American Judicature Society

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Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Journal of the American Judicature Society by :

Download or read book Journal of the American Judicature Society written by and published by . This book was released on 1922 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Defending Checks and Balances in EU Member States

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Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

The Competences of Supreme Courts

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Publisher : Council of Europe
ISBN 13 : 9789287137975
Total Pages : 212 pages
Book Rating : 4.1/5 (379 download)

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Book Synopsis The Competences of Supreme Courts by : Council of Europe

Download or read book The Competences of Supreme Courts written by Council of Europe and published by Council of Europe. This book was released on 1998-01-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings. - The meeting was also known as the Conference of Chairmen of Higher Courts of Central & Eastern Europe

The Irish Supreme Court

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Publisher : Oxford University Press
ISBN 13 : 0192512463
Total Pages : 417 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Irish Supreme Court by : Brice Dickson

Download or read book The Irish Supreme Court written by Brice Dickson and published by Oxford University Press. This book was released on 2019-01-17 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.

The European Court of Justice

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199246014
Total Pages : 266 pages
Book Rating : 4.2/5 (46 download)

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Book Synopsis The European Court of Justice by : Gráinne De Búrca

Download or read book The European Court of Justice written by Gráinne De Búrca and published by Oxford University Press, USA. This book was released on 2001 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.

Canada in the World

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Publisher : Cambridge University Press
ISBN 13 : 1108419739
Total Pages : 483 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Canada in the World by : Richard Albert

Download or read book Canada in the World written by Richard Albert and published by Cambridge University Press. This book was released on 2018 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

The Supreme Court in the American Legal System

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Publisher : Cambridge University Press
ISBN 13 : 9780521780384
Total Pages : 428 pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis The Supreme Court in the American Legal System by : Jeffrey A. Segal

Download or read book The Supreme Court in the American Legal System written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2005-08 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.

Introduction to Health and Safety at Work

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Publisher : Routledge
ISBN 13 : 1136270051
Total Pages : 1290 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Introduction to Health and Safety at Work by : Phil Hughes

Download or read book Introduction to Health and Safety at Work written by Phil Hughes and published by Routledge. This book was released on 2011-12-31 with total page 1290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learn more about health and safety with this NEBOSH-endorsed textbook, written and designed specifically to help you pass your course. Matched to the NEBOSH National General Certificate in Occupational Health and Safety Practice NEBOSH questions and sample answers based on recent examinations at the end of each chapter allow you to test your knowledge and increase your understanding All relevant legislation is summarised for quick reference Introduction to Health and Safety at Work, 5th edition covers the basics of occupational safety and health. The book is the definitive handbook to the National General Certificate in Occupational Health and Safety from NEBOSH with each element of the syllabus explained in detail. To make studying easier, each chapter starts with learning outcomes and ends with questions taken from recent NEBOSH examinations. Specimen answers and a study skills chapter aid exam preparation. It is highly illustrated with over 60 new diagrams and photographs in full colour making learning easy for all. There is a companion website with editable training slides and illustrations to help tutors deliver health and safety courses. This book is a handy reference for managers and directors dealing with the day-to-day issues of health and safety and is also of great value to those studying for level 3 N/SVQ and the IOSH Managing Safely Award. It covers all the essential elements of health and safety management, the legal framework, risk assessment and control standards and includes checklists, report forms and record sheets. In addition, useful topics outside the syllabus have been included and an additional chapter to cover other aspects of health and safety and related topics that many readers will find helpful on completion of the course – construction activities, environmental considerations and international issues New in this edition: Fully restructured in line with new 2010 NEBOSH syllabus Inclusion of a summary of the Report on Health and Safety ‘Common Sense Common Safety’ by Lord Young Gives particular regard to changes in legislation relating to the Site Waste Management Plans Regulations, the Control of Artificial Radiation at Work Regulations, Chemicals (Hazard Information and Packaging for Supply) Regulations (CHIP4) and the European Classification, Packaging and labelling regulations A chapter with guidance on searching the internet with a range of significant Occupational health and Safety Websites. There are dozens of internet references throughout the book Since the Practical Application NGC3 has been significantly revised, Chapter 20 includes a sample practical application based on the new scope and format Phil Hughes MBE, MSc, CFIOSH, is a former Chairman of NEBOSH (1995-2001), former President of IOSH (1990-1991) and runs his own consultancy. He received an MBE for services to health & safety and as a director of RoSPA, in the New Years Honours List 2005. Ed Ferrett PhD, BSc (Hons Eng), CEng, MIMechE, MIET, CMIOSH, is a former Vice Chairman of NEBOSH (1999-2008) and a lecturer on NEBOSH courses at Cornwall Business School of Cornwall College. He is a Chartered Engineer and a health and safety consultant.

Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme , Volume 27 Volume 27, 1984

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792302070
Total Pages : 732 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme , Volume 27 Volume 27, 1984 by : Council of Europe

Download or read book Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme , Volume 27 Volume 27, 1984 written by Council of Europe and published by Martinus Nijhoff Publishers. This book was released on 1989-10-31 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the "Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.

Supreme Court Appellate Division Third Department

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Publisher :
ISBN 13 :
Total Pages : 1338 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis Supreme Court Appellate Division Third Department by :

Download or read book Supreme Court Appellate Division Third Department written by and published by . This book was released on with total page 1338 pages. Available in PDF, EPUB and Kindle. Book excerpt: