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The Myth Of Judicial Independence In Nigeria
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Book Synopsis The Myth of Judicial Independence by : Mike McConville
Download or read book The Myth of Judicial Independence written by Mike McConville and published by Oxford University Press. This book was released on 2020-06-28 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law, including an adversarial process and trial by jury, and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.
Book Synopsis The International Criminal Court and Nigeria by : Muyiwa Adigun
Download or read book The International Criminal Court and Nigeria written by Muyiwa Adigun and published by Routledge. This book was released on 2017-12-14 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of ‘unwillingness’ or ‘inability’ on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of ‘unwillingness’ and ‘inability.’ The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to ‘unwillingness’ and ‘inability.’ The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.
Book Synopsis Perils of Judicial Self-Government in Transitional Societies by : David Kosař
Download or read book Perils of Judicial Self-Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Book Synopsis The Limits of Judicial Independence by : Tom S. Clark
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.
Book Synopsis Can Courts be Bulwarks of Democracy? by : Jeffrey K. Staton
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.
Book Synopsis The Myth of Judicial Activism by : Kermit Roosevelt
Download or read book The Myth of Judicial Activism written by Kermit Roosevelt and published by Yale University Press. This book was released on 2008-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Book Synopsis The West Versus the Rest and The Myth of Western Exceptionalism by : Imad A. Moosa
Download or read book The West Versus the Rest and The Myth of Western Exceptionalism written by Imad A. Moosa and published by Springer Nature. This book was released on 2023-02-28 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the author attempts to debunk some myths about Western exceptionalism and to evaluate critically the characteristics that make the West superior to the Rest. The author suggests that the West does not represent a homogenous group of countries and that the most common characteristic of the core Western countries is imperialism. The author goes on to provide a detailed critique of the proclaimed characteristics of Western countries, including democracy, human rights, judicial independence, transparency, the rule of law, and exclusive contribution to science and technology. A critique is presented of the views expressed by Samuel Huntington, Francis Fukuyama, and Niall Ferguson, arguing that they do not recognize the historical fact that civilizations rise and fall. It is argued that the Western economic system, which is based on neoliberalism, has adverse consequences for democracy, morality, and peace, as well as inequality, poverty, and homelessness. Written in a simple but powerful language, this book is a must read for those interested in international relations and anyone interested in current affairs.
Book Synopsis The Causes of Instability in Nigeria and Implications for the United States by : Clarence J. Bouchat
Download or read book The Causes of Instability in Nigeria and Implications for the United States written by Clarence J. Bouchat and published by Army War College Press. This book was released on 2013 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political economy problems of Nigeria, the root cause for ethnic, religious, political and economic strife, can be in part addressed indirectly through focused contributions by the U.S. military, especially if regionally aligned units are more thoroughly employed.
Download or read book Nigerian Politics written by Rotimi Ajayi and published by Springer Nature. This book was released on 2020-12-03 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume engages in an in-depth discussion of Nigerian politics. Written by an expert group of Nigerian researchers, the chapters provide an overarching, Afrocentric view of politics in Nigeria, from pre-colonial history to the current federal system. The book begins with a series of historical chapters analyzing the development of Nigeria from its traditional political institutions through the First Republic. After establishing the necessary historical context, the next few chapters shift the focus to specific political institutions and phenomena, including the National Assembly, local government and governance, party politics, and federalism. The remaining chapters discuss issues that continue to affect Nigerian politics: the debt crisis, oil politics in the Niger Delta, military intervention and civil-military relations, as well as nationalism and inter-group relations. Providing an overview of Nigerian politics that encompasses history, economics, and public administration, this volume will be useful to students and researchers interested in African politics, African studies, democracy, development, history, and legislative studies.
Book Synopsis Globalization and Africa’s Transition to Constitutional Rule by : Mohammed Nurudeen Akinwunmi-Othman
Download or read book Globalization and Africa’s Transition to Constitutional Rule written by Mohammed Nurudeen Akinwunmi-Othman and published by Springer. This book was released on 2017-10-11 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the discourse on post-colonial and globalization theories, focusing on Nigeria's transition to a federal system of government. The project analyzes 10 years of civil rule in Nigeria, between 1999 and 2009, and its constitutional arrangements while also engaging in comparative studies of other socio-political developments in Sub-Saharan Africa. The collective influences of the judiciary on the polity was improved and strengthened through globalization. In addition, organized pressure groups, non-governmental organizations, as well as the Civil Society Organization, have played significant roles as vehicles of socio-political change and transformation. They continue to act as buffers for the sustenance of democratic rule, well beyond the period in question.
Book Synopsis China's Journey Toward the Rule of Law by : Cai Dingjian
Download or read book China's Journey Toward the Rule of Law written by Cai Dingjian and published by BRILL. This book was released on 2010 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Thirty years since China s reform and opening have been very eventful for the country s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject. The articles have been translated into English to assist scholars worldwide in understanding China s recent legal history and also to help familiarize them with the currents of contemporary Chinese scholarship. Individual subjects include commercial law, the evolving relationship between the Chinese government and its citizens, administrative law and criminal justice. There are also chapters on newly emerging areas of the law that are crucial to China s future development, such as the chapters on environmental law and intellectual property. The volume also includes a chapter on legal education and the legal profession, judicial reform and the development of law to protect the rights of the disadvantaged.
Book Synopsis The Death Penalty in Africa by : Aimé Muyoboke Karimunda
Download or read book The Death Penalty in Africa written by Aimé Muyoboke Karimunda and published by Routledge. This book was released on 2016-03-16 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human development is not simply about wealth and economic well-being, it is also dependent upon shared values that cherish the sanctity of human life. Using comparative methods, archival research and quantitative findings, this book explores the historical and cultural background of the death penalty in Africa, analysing the law and practice of the death penalty under European and Asian laws in Africa before independence. Showing progressive attitudes to punishment rooted in both traditional and modern concepts of human dignity, Aimé Muyoboke Karimunda assesses the ground on which the death penalty is retained today. Providing a full and balanced appraisal of the arguments, the book presents a clear and compelling case for the total abolition of the death penalty throughout Africa. This book is essential reading for human rights lawyers, legal anthropologists, historians, political analysts and anyone else interested in promoting democracy and the protection of fundamental human rights in Africa.
Book Synopsis Law of Judicial Immunities in Nigeria by : Abimbola A. Olowofoyeku
Download or read book Law of Judicial Immunities in Nigeria written by Abimbola A. Olowofoyeku and published by . This book was released on 1992 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents.
Book Synopsis Nigeria, a Country Study by : Carlyn Dawn Anderson
Download or read book Nigeria, a Country Study written by Carlyn Dawn Anderson and published by . This book was released on 1979 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book African Politics written by Ian Taylor and published by Oxford University Press. This book was released on 2018-09-20 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Africa is a continent of 54 countries and over a billion people. However, despite the rich diversity of the African experience, it is striking that continuations and themes seem to be reflected across the continent, particularly south of the Sahara. Questions of underdevelopment, outside exploitation, and misrule are characteristic of many - if not most-states in Sub-Saharan Africa. In this Very Short Introduction Ian Taylor explores how politics is practiced on the African continent, considering the nature of the state in Sub-Saharan Africa and why its state structures are generally weaker than elsewhere in the world. Exploring the historical and contemporary factors which account for Africa's underdevelopment, he also analyses why some African countries suffer from high levels of political violence while others are spared. Unveilling the ways in which African state and society actually function beyond the formal institutional façade, Taylor discusses how external factors - both inherited and contemporary - act upon the continent. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Book Synopsis Ethical Principles for Judges by : Canadian Judicial Council
Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 1998 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Book Synopsis Competitive Authoritarianism by : Steven Levitsky
Download or read book Competitive Authoritarianism written by Steven Levitsky and published by Cambridge University Press. This book was released on 2010-08-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a detailed study of 35 cases in Africa, Asia, Latin America, and post-communist Eurasia, this book explores the fate of competitive authoritarian regimes between 1990 and 2008. It finds that where social, economic, and technocratic ties to the West were extensive, as in Eastern Europe and the Americas, the external cost of abuse led incumbents to cede power rather than crack down, which led to democratization. Where ties to the West were limited, external democratizing pressure was weaker and countries rarely democratized. In these cases, regime outcomes hinged on the character of state and ruling party organizations. Where incumbents possessed developed and cohesive coercive party structures, they could thwart opposition challenges, and competitive authoritarian regimes survived; where incumbents lacked such organizational tools, regimes were unstable but rarely democratized.
