Constitutional Law and Precedent

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Author :
Publisher : Routledge
ISBN 13 : 1000589994
Total Pages : 278 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Constitutional Law and Precedent by : Monika Florczak-Wątor

Download or read book Constitutional Law and Precedent written by Monika Florczak-Wątor and published by Routledge. This book was released on 2022-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

The Judge, the Judiciary and the Court

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Publisher : Cambridge University Press
ISBN 13 : 1108494617
Total Pages : 341 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Judge, the Judiciary and the Court by : Gabrielle Appleby

Download or read book The Judge, the Judiciary and the Court written by Gabrielle Appleby and published by Cambridge University Press. This book was released on 2021-04-29 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.

A Federal Republic

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Author :
Publisher : CUP Archive
ISBN 13 : 9780521373548
Total Pages : 304 pages
Book Rating : 4.3/5 (735 download)

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Book Synopsis A Federal Republic by : Brian Galligan

Download or read book A Federal Republic written by Brian Galligan and published by CUP Archive. This book was released on 1995-09-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative reassessment of the Australian constitution from the perspective of a political scientist.

Remorse and Criminal Justice

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Publisher : Routledge
ISBN 13 : 0429673019
Total Pages : 314 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Remorse and Criminal Justice by : Steven Tudor

Download or read book Remorse and Criminal Justice written by Steven Tudor and published by Routledge. This book was released on 2021-11-29 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-disciplinary collection brings together original contributions to present the best of current thinking about the nature and place of remorse in the context of criminal justice. Despite the widespread and long-standing nature of interest in offender remorse, the topic has until recently been peripheral in academic studies. The authors are scholars from North America, the United Kingdom, Europe, South Africa and Australia, from diverse academic disciplines. They reflect on the role of remorse in law, for better or for worse; on how expressions of remorse are affected by the legal contexts in which they arise; and on the impact of these expressions on the individual, the court and the community. The work is divided into four parts – Part I Judging Remorse addresses issues concerning the task of assessing remorse in the courtroom, usually prior to determining sentence. Part II Remorse Beyond the Courtroom explores the place and significance of remorse in various post-court settings. Part III Remorse, War and Social Trauma addresses remorse in the context of political violence and social trauma in the former Yugoslavia and South Africa. Finally, Part IV Reflections seeks to underscore the multi-disciplinary and inter-disciplinary nature of the collection as a whole, through personal and disciplinary reflections on remorse. The work provides a showcase for how diverse academic disciplines can be brought together through a focus on a common topic. As such, the collection will become a standard reference work for further research across a range of disciplines and promote inter-disciplinary dialogue.

Rendezvous with Destiny

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Publisher : Penguin
ISBN 13 : 1101617829
Total Pages : 480 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis Rendezvous with Destiny by : Michael Fullilove

Download or read book Rendezvous with Destiny written by Michael Fullilove and published by Penguin. This book was released on 2013-07-03 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The remarkable untold story of Franklin D. Roosevelt and the five extraordinary men he used to pull America into World War II In the dark days between Hitler’s invasion of Poland in September 1939 and Japan’s attack on Pearl Harbor in December 1941, Franklin D. Roosevelt sent five remarkable men on dramatic and dangerous missions to Europe. The missions were highly unorthodox and they confounded and infuriated diplomats on both sides of the Atlantic. Their importance is little understood to this day. In fact, they were crucial to the course of the Second World War. The envoys were magnificent, unforgettable characters. First off the mark was Sumner Welles, the chilly, patrician under secretary of state, later ruined by his sexual misdemeanors, who was dispatched by FDR on a tour of European capitals in the spring of 1940. In summer of that year, after the fall of France, William “Wild Bill” Donovan—war hero and future spymaster—visited a lonely United Kingdom at the president’s behest to determine whether she could hold out against the Nazis. Donovan’s report helped convince FDR that Britain was worth backing. After he won an unprecedented third term in November 1940, Roosevelt threw a lifeline to the United Kingdom in the form of Lend-Lease and dispatched three men to help secure it. Harry Hopkins, the frail social worker and presidential confidant, was sent to explain Lend-Lease to Winston Churchill. Averell Harriman, a handsome, ambitious railroad heir, served as FDR’s man in London, expediting Lend-Lease aid and romancing Churchill’s daughter-in-law. Roosevelt even put to work his rumpled, charismatic opponent in the 1940 presidential election, Wendell Willkie, whose visit lifted British morale and won wary Americans over to the cause. Finally, in the aftermath of Germany’s invasion of the Soviet Union, Hopkins returned to London to confer with Churchill and traveled to Moscow to meet with Joseph Stalin. This final mission gave Roosevelt the confidence to bet on the Soviet Union. The envoys’ missions took them into the middle of the war and exposed them to the leading figures of the age. Taken together, they plot the arc of America’s trans¬formation from a divided and hesitant middle power into the global leader. At the center of everything, of course, was FDR himself, who moved his envoys around the globe with skill and élan. We often think of Harry S. Truman, George Marshall, Dean Acheson, and George F. Kennan as the authors of America’s global primacy in the second half of the twentieth century. But all their achievements were enabled by the earlier work of Roosevelt and his representatives, who took the United States into the war and, by defeating domestic isolationists and foreign enemies, into the world. In these two years, America turned. FDR and his envoys were responsible for the turn. Drawing on vast archival research, Rendezvous with Destiny is narrative history at its most delightful, stirring, and important.

We, The People(s)

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Publisher : Victoria University Press
ISBN 13 : 0864738285
Total Pages : 324 pages
Book Rating : 4.8/5 (647 download)

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Book Synopsis We, The People(s) by : Claire Charters

Download or read book We, The People(s) written by Claire Charters and published by Victoria University Press. This book was released on 2013-01-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The analyses in this book focus on the participation of the people within New Zealand’s system of government. The chapters provide a thorough examination of the government’s size, accessibility, structure, electoral system, and active committees in order to explain trends in the participation of sub-state actors, such as indigenous peoples and other minority groups.

The Cambridge Legal History of Australia

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Publisher : Cambridge University Press
ISBN 13 : 1108586015
Total Pages : 927 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Cambridge Legal History of Australia by : Peter Cane

Download or read book The Cambridge Legal History of Australia written by Peter Cane and published by Cambridge University Press. This book was released on 2022-08-18 with total page 927 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring contributions from leading lawyers, historians and social scientists, this path-breaking volume explores encounters of laws, people, and places in Australia since 1788. Its chapters address three major themes: the development of Australian settler law in the shadow of the British Empire; the interaction between settler law and First Nations people; and the possibility of meaningful encounter between First laws and settler legal regimes in Australia. Several chapters explore the limited space provided by Australian settler law for respectful encounters, particularly in light of the High Court's particular concerns about the fragility of Australian sovereignty. Tracing the development of a uniquely Australian law and the various contexts that shaped it, this volume is concerned with the complexity, plurality, and ambiguity of Australia's legal history.

Official Year Book of the Commonwealth of Australia No. 53, 1967

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Author :
Publisher : Aust. Bureau of Statistics
ISBN 13 :
Total Pages : 1378 pages
Book Rating : 4./5 ( download)

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Book Synopsis Official Year Book of the Commonwealth of Australia No. 53, 1967 by :

Download or read book Official Year Book of the Commonwealth of Australia No. 53, 1967 written by and published by Aust. Bureau of Statistics. This book was released on with total page 1378 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Current Publications in Legal and Related Fields

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Publisher :
ISBN 13 :
Total Pages : 458 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Current Publications in Legal and Related Fields by :

Download or read book Current Publications in Legal and Related Fields written by and published by . This book was released on 1998 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Routledge Handbook of Comparative Constitutional Change

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Publisher : Routledge
ISBN 13 : 135102096X
Total Pages : 489 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Routledge Handbook of Comparative Constitutional Change by : Xenophon Contiades

Download or read book Routledge Handbook of Comparative Constitutional Change written by Xenophon Contiades and published by Routledge. This book was released on 2020-06-11 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Jesting Pilate and Other Papers and Addresses (3rd Edition)

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Author :
Publisher :
ISBN 13 : 9781760021856
Total Pages : pages
Book Rating : 4.0/5 (218 download)

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Book Synopsis Jesting Pilate and Other Papers and Addresses (3rd Edition) by : William Gummow

Download or read book Jesting Pilate and Other Papers and Addresses (3rd Edition) written by William Gummow and published by . This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Judicial Function

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Author :
Publisher : Springer Nature
ISBN 13 : 981329115X
Total Pages : 304 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis The Judicial Function by : Joe McIntyre

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.

Responsible Government and the Australian Constitution

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509955801
Total Pages : 271 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Responsible Government and the Australian Constitution by : Benjamin B Saunders

Download or read book Responsible Government and the Australian Constitution written by Benjamin B Saunders and published by Bloomsbury Publishing. This book was released on 2023-06-15 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.

Law Books Published

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Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Law Books Published by :

Download or read book Law Books Published written by and published by . This book was released on 1997 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Politics of Human Rights in Australia

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Publisher : Cambridge University Press
ISBN 13 : 0521707749
Total Pages : 286 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis The Politics of Human Rights in Australia by : Louise Chappell

Download or read book The Politics of Human Rights in Australia written by Louise Chappell and published by Cambridge University Press. This book was released on 2009-05-28 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive account of Australian human rights from a political science perspective, it addresses the key debates in Australian political debates about human rights.

Proportionality and Facts in Constitutional Adjudication

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509936998
Total Pages : 238 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Proportionality and Facts in Constitutional Adjudication by : Anne Carter

Download or read book Proportionality and Facts in Constitutional Adjudication written by Anne Carter and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.

Constitutional and International Law Perspectives

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Author :
Publisher : Univ. of Queensland Press
ISBN 13 : 9780702231605
Total Pages : 284 pages
Book Rating : 4.2/5 (316 download)

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Book Synopsis Constitutional and International Law Perspectives by : Gabriël Moens

Download or read book Constitutional and International Law Perspectives written by Gabriël Moens and published by Univ. of Queensland Press. This book was released on 2000 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of Australia's most highly regarded legal minds provide a timely examination of both the formation of the country's legal and constitutional foundations and the challenges which confront this framework as it continues to evolve.