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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 : Shimon Shetreet
Publisher : BRILL
ISBN 13 : 9004421556
Total Pages : 588 pages
Book Rating : 4.0/5 (44 download)
Download or read book Challenged Justice: In Pursuit of Judicial Independence written by Shimon Shetreet and published by BRILL. This book was released on 2021-08-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Author : Namibia
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.F/5 ( download)
Download or read book The Constitution of the Republic of Namibia written by Namibia and published by . This book was released on 1990 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Author : Jeffrey K. Staton
Publisher : Cambridge University Press
ISBN 13 : 1316516733
Total Pages : 173 pages
Book Rating : 4.3/5 (165 download)
Download or read book Can Courts be Bulwarks of Democracy? written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
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 : 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 : Maurice Adams
Publisher : Cambridge University Press
ISBN 13 : 1316883256
Total Pages : 559 pages
Book Rating : 4.3/5 (168 download)
Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Author : Charles T. Kotuby, Jr.
Publisher : Oxford University Press
ISBN 13 : 0190642726
Total Pages : 305 pages
Book Rating : 4.1/5 (96 download)
Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author : James Suzman
Publisher : Minority Rights Group
ISBN 13 : 1897693893
Total Pages : 40 pages
Book Rating : 4.8/5 (976 download)
Download or read book Minorities in Independent Namibia written by James Suzman and published by Minority Rights Group. This book was released on 2002-12-20 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Namibia is one of the youngest African states, having gained its independence in 1990 from South Africa. Since then, the South West African People’s Organization (SWAPO)-led government has attempted to heal the divisions of a 25-year liberation war, overcome inequalities, and govern to meet the needs of all of Namibia’s peoples. Despite its small population of just over 1.8 million, Namibia is home to at least 11 distinct language groups, comprised of numerous self-identifying communities. Roughly half the population are Owambo-speakers, who are closely linked to SWAPO. Herein lie some of the difficulties that are covered in this report. Minorities in Independent Namibia by James Suzman considers the extent to which SWAPO’s attempts at nation-building have favoured some communities over others. In a balanced study, the author documents the constitutional and legal safeguards for minorities in Namibia and discusses the government’s human rights record. The report covers many of Namibia’s ethnic minority communities and topical concerns, including the crackdown on secessionists in Caprivi, the potential impact on the Himba of a proposed dam on the Kunene River, the extreme marginality of the San, the role of traditional authorities and leaders, and women’s equality.
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 : Canadian Judicial Council
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (141 download)
Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Canadian Judicial Council marks its 50th anniversary of service to Canadians, it is timely that we have revised and modernized Ethical Principles for Judges. From their first publication in 1998, these principles have laid out the ethical frame of reference to which all judges aspire: judicial independence, integrity and respect, diligence and competence, equality and impartiality.
Author : C Neal Tate
Publisher : NYU Press
ISBN 13 : 0814782094
Total Pages : 572 pages
Book Rating : 4.8/5 (147 download)
Download or read book The Global Expansion of Judicial Power written by C Neal Tate and published by NYU Press. This book was released on 1995-07 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political scientists and legal scholars of various ideological perspectives trace the intellectual origins of the trend toward the judicialization of politics and the increasing domination of decision- making arenas by quasi-judicial procedures, looking at conditions that promote or retard judicialization in specific countries including Western common-law democracies, European Romano-Germanic democracies, and rapidly changing nations such as Russia and Namibia. Contains papers from a June 1992 meeting, plus other papers. Annotation copyright by Book News, Inc., Portland, OR
Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author : Benjamin Obi Nwabueze
Publisher : Hurst & Company
ISBN 13 :
Total Pages : 338 pages
Book Rating : 4.3/5 (91 download)
Download or read book Constitutionalism in the Emergent States written by Benjamin Obi Nwabueze and published by Hurst & Company. This book was released on 1973 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.F/5 ( download)
Download or read book Human Rights in a One-party State written by and published by . This book was released on 1978 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David C. Flatto
Publisher : Harvard University Press
ISBN 13 : 0674249585
Total Pages : 380 pages
Book Rating : 4.6/5 (742 download)
Download or read book The Crown and the Courts written by David C. Flatto and published by Harvard University Press. This book was released on 2020-11-10 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers. The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born. During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance. The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.
