Independence Of The Judiciary In The Lower Courts
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Author | : Shimon Shetreet |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 690 |
Release | : 2011-11-11 |
Genre | : Political Science |
ISBN | : 9004188339 |
This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.
Author | : Tom S. Clark |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2010-11-22 |
Genre | : Political Science |
ISBN | : 1139492314 |
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.
Author | : Maria Jutta Mahalie |
Publisher | : |
Total Pages | : 88 |
Release | : 2002 |
Genre | : Law |
ISBN | : |
Author | : Alexander Hamilton |
Publisher | : Read Books Ltd |
Total Pages | : 420 |
Release | : 2018-08-20 |
Genre | : History |
ISBN | : 1528785878 |
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author | : American Bar Association |
Publisher | : |
Total Pages | : 424 |
Release | : 1974 |
Genre | : Judges |
ISBN | : |
Author | : H. P. Lee |
Publisher | : Cambridge University Press |
Total Pages | : 473 |
Release | : 2018 |
Genre | : Law |
ISBN | : 1107137721 |
Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Author | : Peter H. Russell |
Publisher | : University of Virginia Press |
Total Pages | : 342 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9780813920153 |
This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
Author | : Richard A. Posner |
Publisher | : Harvard University Press |
Total Pages | : 399 |
Release | : 2010-05-01 |
Genre | : Law |
ISBN | : 0674033833 |
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Author | : John Aneurin Grey Griffith |
Publisher | : Manchester University Press |
Total Pages | : 232 |
Release | : 1977 |
Genre | : Judicial power |
ISBN | : 9780719007026 |
Author | : Shimon Shetreet |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 600 |
Release | : 2015-01-27 |
Genre | : Law |
ISBN | : 9004257810 |
The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.