appointing judges in an age of judicial power critical perspectives from around the world

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Appointing Judges In An Age Of Judicial Power

Author : Peter H. Russell
ISBN : 9780802093813
Genre : Political Science
File Size : 44. 34 MB
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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.

Judicial Independence In The Age Of Democracy

Author : Peter H. Russell
ISBN : 0813920167
Genre : Law
File Size : 31. 27 MB
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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.

The Oxford Handbook Of Empirical Legal Research

Author : Peter Cane
ISBN : 9780191635434
Genre : Law
File Size : 33. 44 MB
Format : PDF, Kindle
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The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.

The Politics Of Judicial Independence In The Uk S Changing Constitution

Author : Graham Gee
ISBN : 9781316240533
Genre : Law
File Size : 61. 37 MB
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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.

Life Sentence

Author : Christie Blatchford
ISBN : 9780307367877
Genre : Social Science
File Size : 30. 70 MB
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A beloved crime reporter revisits some of her biggest assignments and passes judgement on our judicial system—and especially its judges—in this national bestseller. When Christie Blatchford wandered into a Toronto courtroom in 1978 for the start of the first criminal trial she would cover as a newspaper reporter, little did she know she was also at the start of a self-imposed life sentence. She has been reporting from Canadian courtrooms for the Toronto Star, The Globe and Mail and the National Post ever since. Back in '78, she loved the courts, lawyers and judges, and that persisted for many years. But slowly, surely, she suffered a loss of faith. What happened? It was at the recent Mike Duffy trial she had the epiphany: That judges are the new senators, unelected, unaccountable and overly entitled. Yet unlike senators, they continue to get away with it because any questioning by government or its agents is deemed an intrusion onto judicial independence. In her explosive new book, Christie Blatchford revisits trials from throughout her career and asks the hard questions--about judges playing with the truth--through editing of criminal records, whitewashing of criminal records, pre-trial rulings that kick out evidence the jury can't hear. She discusses bad or troubled judges--how and why they get picked, and what can be done about them. And shows how judges are handmaidens to the state, as in the Bernardo trial when a small-town lawyer and an intellectual writer were pursued with more vigor than Karla Homolka. For anyone interested in the political and judicial fabric of this country, Life Sentence is a remarkable, argumentative, insightful and hugely important book. From the Hardcover edition.

Judging Russia

Author : Alexei Trochev
ISBN : 9781139471107
Genre : Law
File Size : 66. 97 MB
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This is a study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear process with unintended consequences and that courts that depend on their reputation flourish only if an effective and capable state is there to support them. This is because judges can rely only on the authoritativeness of their judgments, unlike politicians and bureaucrats, who have the material resources necessary to respond to judicial decisions. Drawing upon systematic analysis of all decisions of the Russian Court (published and unpublished) and previously unavailable materials on their (non-)implementation, and resting on a combination of the approaches from comparative politics, law, and public administration, this book shows how and why judges attempted to reform Russia's governance and fought to ensure compliance with their judgments.

In Whose Name

Author : Armin von Bogdandy
ISBN : 9780191026959
Genre : Law
File Size : 39. 68 MB
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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Women And Elective Office

Author : Sue Thomas
ISBN : 9780199363759
Genre : Political Science
File Size : 59. 84 MB
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This edition of Women and Elective Office offers the latest research on women as candidates and officeholders. It provides a comprehensive look at at the history and status of women in elective office, their prospects for the future, and why women in elected office matter to American democracy. It features all-new essays and up-to-the-minute research by leading experts in the field, including the latest political trends and events such as Hillary Rodham Clinton's run for the presidency, women's representation on the state and local level, the diversity of women officeholders' experiences and circumstances, and female judges. Women and Elective Office is an essential guide to understanding the past, present, and future of women in all echelons of government.

Crime Justice And Social Democracy

Author : K. Carrington
ISBN : 9781137008695
Genre : Political Science
File Size : 56. 64 MB
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This is a provocative collection of timely reflections on the state of social democracy and its inextricable links to crime and justice. Authored by some of the world's leading thinkers from the UK, US, Canada and Australia, the volume provides an understanding of socially sustainable societies.

Global Perspectives On Constitutional Law

Author : Vikram Amar
ISBN : STANFORD:36105134431605
Genre : Law
File Size : 51. 68 MB
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An ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, the book offers a wide but select range of readings on interesting constitutional issues in sixteen accessible chapters. Each brief chapter presents foreign case materials on a particular constitutional topic along with notes and questions that further illuminate the comparisons between U.S. constitutional law and that of other nations. Featuring selections by expert contributors from a variety of ideological and demographic backgrounds, the volume is designed to encourage students to reexamine and deepen their understanding of U.S. constitutional law in light of the alternatives offered by other systems. Features *Modular design of chapters allows instructors to pick and choose which topics they use for comparative study *Brief chapters can be easily integrated into relevant class discussions *Chapters authored by top constitutional law scholars who frame the cases with introductory and concluding comments *Covers a broad range of contemporary constitutional issues including property rights, abortion rights, regulation of hate speech, regulation of campaign finance, and religious freedom

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