Dissenting Judgments in the Law

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Publisher : Wildy, Simmonds & Hill Publishing
ISBN 13 : 9780854902545
Total Pages : 432 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis Dissenting Judgments in the Law by : Neal Geach

Download or read book Dissenting Judgments in the Law written by Neal Geach and published by Wildy, Simmonds & Hill Publishing. This book was released on 2018-05-31 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Dissenting Judgments in the Law a team of expert contributors reassess nineteen landmark cases from different areas of the law, each of which had the potential for the law to have developed in a markedly different direction. The cases have been selected on account of their continued relevance to the law today or the controversial nature of the majority's decision. A key feature of each case was a dissenting opinion from a judge who thought that the law should develop in a different direction. The aim of the contributors is to re-evaluate important cases, such as Plessy v Ferguson (1896) and R v Brown [1994], by assessing the merits of the judgments given, before deciding whether the law would, in fact, have been better served by following the dissenting opinion rather than that of the majority of judges in the case. The judicial reasoning in each case is explored in depth and is contrasted with differing approaches in other jurisdictions. Where relevant, a comparative analysis is employed in order to show how the law, by not following the dissenting opinion, has developed out of step with other common law jurisdictions. Each contributor then sets out what impact the dissenting judgment might have had on the law if it had decided the case and assess where the law in that particular field would be today. "a highly stimulating book" From the foreword by Lord Nicholls of Birkenhead

Dissenting Judgments and Judicial Law Making

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Publisher :
ISBN 13 : 9789788407072
Total Pages : 21 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Dissenting Judgments and Judicial Law Making by : George Oguntade

Download or read book Dissenting Judgments and Judicial Law Making written by George Oguntade and published by . This book was released on 2009 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dissenting Opinions

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Publisher :
ISBN 13 : 9781922449009
Total Pages : 316 pages
Book Rating : 4.4/5 (49 download)

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Book Synopsis Dissenting Opinions by : Michael Sexton

Download or read book Dissenting Opinions written by Michael Sexton and published by . This book was released on 2020-06-17 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term "dissenting opinions" is normally used in the law to describe the judgments of those members of appellate courts who take a different view in a particular case from their colleagues who form the majority and effectively decide the question before the court. I have used it, however, in relation to this collection of articles and book reviews published over several decades because they proposed in the main a departure from what might be characterised as the conventional wisdom, that is, the views and values of those who preside over most public and private intuitions in Australia, including much of the media. I do not suggest for a moment that there has been any disadvantage to myself as a result of these publications but I have suggested in some of the pieces concerning the relatively recent phenomenon of political correctness that this climate of conformity has had a chilling effect on public debate. And that young people embarking on their careers now have to be wary of expressing unconventional opinions. This is even - and perhaps particularly - so in universities which historically were places where established ideas were always open to challenge. Although some of these pieces are from earlier periods, most concern questions that are still controversial and can be taken as a contribution to those on-going discussions. Most importantly, however, they represent the hope that there will be much greater scope in the immediate future for the full-blooded public debate of social, economic and political issues in Australia.

The International Court of Justice

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Publisher : Oxford University Press
ISBN 13 : 0198779070
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The International Court of Justice by : H. W. A. Thirlway

Download or read book The International Court of Justice written by H. W. A. Thirlway and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.

Dissenting and Separate Opinions at the World Court

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024729203
Total Pages : 360 pages
Book Rating : 4.7/5 (292 download)

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Book Synopsis Dissenting and Separate Opinions at the World Court by : Ijaz Hussain

Download or read book Dissenting and Separate Opinions at the World Court written by Ijaz Hussain and published by Martinus Nijhoff Publishers. This book was released on 1984-10-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition differs from its predecessors in that, at the request of many French-speaking & other jurists, it is now completely bilingual, in the two official languages of the International Court of Justice under Article 39 of the Statute -English & French. As before, this compilation aims to provide the practitioner in the Court, the diplomat, the politician & the student with a handy & complete collection of documents relating to the operation of the International Court of Justice, the principal judicial organ of the United Nations. In order to increase the usefulness of this compilation, the unofficial translations of the Rules of Court of 1978 into Arabic, Chinese, Russian & Spanish -the official languages of the United Nations -have been included.

The Intricacies of Dicta and Dissent

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Publisher : Cambridge University Press
ISBN 13 : 1108898815
Total Pages : 513 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Intricacies of Dicta and Dissent by : Neil Duxbury

Download or read book The Intricacies of Dicta and Dissent written by Neil Duxbury and published by Cambridge University Press. This book was released on 2021-08-12 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making.

Dissent and the Supreme Court

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Publisher : Vintage
ISBN 13 : 110187063X
Total Pages : 545 pages
Book Rating : 4.1/5 (18 download)

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Book Synopsis Dissent and the Supreme Court by : Melvin I. Urofsky

Download or read book Dissent and the Supreme Court written by Melvin I. Urofsky and published by Vintage. This book was released on 2015-10-13 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

Discordant Notes, Volume 1

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Publisher : India Allen Lane
ISBN 13 : 9780670094394
Total Pages : 496 pages
Book Rating : 4.0/5 (943 download)

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Book Synopsis Discordant Notes, Volume 1 by : Rohinton Fali Nariman

Download or read book Discordant Notes, Volume 1 written by Rohinton Fali Nariman and published by India Allen Lane. This book was released on 2021-12-15 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dissenting judgment, as ordinarily understood, is a judgment or an opinion of a judge, sitting as part of a larger bench, who 'dissents' (i.e. disagrees) with the opinion or judgment of the majority. Dissenting judgments or opinions appear in different ways. Tracing, exploring and analysing all dissenting judgments in the history of the Supreme Court of India, from the beginning till date, Rohinton Fali Nariman brings to light the cases, which created a deep impact in India's legal history. From the famous Bengal Immunity Co. Ltd. v. State of Bihar in 1955 to Bhagwandas Goverdhandas Kedia v. Girdharilal Pashottamdas and Co. in 1966, State of Bombay v. The United Motors (India) Ltd in 1953, Superintendent & Legal Remembrancer, State of West Bengal v. Corporation of Calcutta in 1967, Supreme Court Advocates-on-Record Association v. Union of India in 1993, Mafatlal Industries v. Union of India in 1997 and Pradeep Kumar Biswas v. Indian Institute of Chemical Biology in 2002, Keshava Madhava Menon v. State of Bombay in 1951, United Commercial Bank Ltd. v. Workmen and Ram Singh v. The State of Delhi in the same year and Union of India v. West Coast Paper Mills Ltd. in 2004 among others, this two-volume definitive work is a thorough examination of the important dissenting judgments of the Supreme Court of India, and of some of the Judges of the Supreme Court who have gone down as 'Great Dissenters', for having written dissents of legal and constitutional importance, some of which have gone on to be recognised as correct position of the law. Comprehensive, definitive and authoritative, this is a must a must have for legal scholars and practitioners. Besides, the book will greatly interest policy makers as well as anyone, interested in India's legal history.

The Oxford Companion to the High Court of Australia

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Publisher :
ISBN 13 : 9780191735189
Total Pages : 803 pages
Book Rating : 4.7/5 (351 download)

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Book Synopsis The Oxford Companion to the High Court of Australia by : Tony Blackshield

Download or read book The Oxford Companion to the High Court of Australia written by Tony Blackshield and published by . This book was released on 2001 with total page 803 pages. Available in PDF, EPUB and Kindle. Book excerpt: This reference work is a comprehensive and scholarly publication that examines the High Court of Australia's public work, the Court's role in Australian law, politics and society, and the Court's inner workings.

Judicial Dissent in European Constitutional Courts

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Publisher : Routledge
ISBN 13 : 1317110048
Total Pages : 242 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Judicial Dissent in European Constitutional Courts by : Katalin Kelemen

Download or read book Judicial Dissent in European Constitutional Courts written by Katalin Kelemen and published by Routledge. This book was released on 2017-09-28 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.

Scalia Dissents

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Publisher : Simon and Schuster
ISBN 13 : 1596987006
Total Pages : 321 pages
Book Rating : 4.5/5 (969 download)

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Book Synopsis Scalia Dissents by : Antonin Scalia

Download or read book Scalia Dissents written by Antonin Scalia and published by Simon and Schuster. This book was released on 2012-04-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissentscontains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.

A Cosmopolitan Legal Order

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Publisher : Oxford University Press
ISBN 13 : 0192559168
Total Pages : 305 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis A Cosmopolitan Legal Order by : Alec Stone Sweet

Download or read book A Cosmopolitan Legal Order written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2018-05-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Alec Stone Sweet and Clare Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the European Court of Human Rights (ECtHR) and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

The International Human Rights Judiciary and National Parliaments

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Publisher : Cambridge University Press
ISBN 13 : 110718374X
Total Pages : 417 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The International Human Rights Judiciary and National Parliaments by : Matthew Saul

Download or read book The International Human Rights Judiciary and National Parliaments written by Matthew Saul and published by Cambridge University Press. This book was released on 2017-10-12 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.

Procedural Review in European Fundamental Rights Cases

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Publisher : Cambridge University Press
ISBN 13 : 1107183774
Total Pages : 297 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Procedural Review in European Fundamental Rights Cases by : Janneke Gerards

Download or read book Procedural Review in European Fundamental Rights Cases written by Janneke Gerards and published by Cambridge University Press. This book was released on 2017-03-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.

Ruth Bader Ginsburg Dissents

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Publisher : Simon and Schuster
ISBN 13 : 166720114X
Total Pages : 428 pages
Book Rating : 4.6/5 (672 download)

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Book Synopsis Ruth Bader Ginsburg Dissents by : Ruth Bader Ginsburg

Download or read book Ruth Bader Ginsburg Dissents written by Ruth Bader Ginsburg and published by Simon and Schuster. This book was released on 2022-07-19 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of key dissenting and majority opinions from U.S. Supreme Court justice Ruth Bader Ginsburg. During her 27 years as an associate justice on the U.S. Supreme Court, Ruth Bader Ginsburg became well known for her strongly worded dissenting opinions against the decisions of the conservative majority. Ginsburg was a fierce supporter of women’s rights whose personal experiences helped shape her into a feminist icon who employed logical, well-presented arguments to show that gender discrimination was harmful to all members of society. Ruth Bader Ginsburg Dissents features 15 legal opinions and briefs, including majority and dissenting opinions that Ginsburg drafted during her time on the U.S. Supreme Court and briefs from her career before she was appointed to the court in 1993.

The Nature of the Judicial Process

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Author :
Publisher :
ISBN 13 :
Total Pages : 218 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Nature of the Judicial Process by : Benjamin Nathan Cardozo

Download or read book The Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by . This book was released on 1921 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Great Australian Dissents

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Publisher : Cambridge University Press
ISBN 13 : 1107158532
Total Pages : 393 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Great Australian Dissents by : Andrew Lynch

Download or read book Great Australian Dissents written by Andrew Lynch and published by Cambridge University Press. This book was released on 2016-09-08 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.