Commitment And Cooperation On High Courts
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Commitment And Cooperation On High Courts
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Author : Benjamin Alarie
language : en
Publisher: Oxford University Press
Release Date : 2017-07-25
Commitment And Cooperation On High Courts written by Benjamin Alarie and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-25 with Law categories.
Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Commitment And Cooperation On High Courts
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Author : Benjamin Alarie
language : en
Publisher:
Release Date : 2017
Commitment And Cooperation On High Courts written by Benjamin Alarie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with LAW categories.
"This book is about how the design of a high court influences how judges decide appeals. It is comforting and convenient to believe the "rule of law" dictates how a judge on a high court will decide crucial issues ranging from the death penalty and national security to regulation of banks or railways. However, we argue that how a court is designed can make a fundamental difference in who wins a particular case and how the law develops."--Page [xiii].
Commitment And Cooperation On High Courts
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Author : Benjamin Alarie
language : en
Publisher: Oxford University Press
Release Date : 2017-07-25
Commitment And Cooperation On High Courts written by Benjamin Alarie and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-25 with Law categories.
Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
The Informal Constitution
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Author : Abhinav Chandrachud
language : en
Publisher: Oxford University Press
Release Date : 2020-11-30
The Informal Constitution written by Abhinav Chandrachud and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-30 with Law categories.
Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India. Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.
Sir Edward Coke And The Reformation Of The Laws
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Author : David Chan Smith
language : en
Publisher: Cambridge University Press
Release Date : 2014-11-06
Sir Edward Coke And The Reformation Of The Laws written by David Chan Smith and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-06 with History categories.
Throughout his early career, Sir Edward Coke joined many of his contemporaries in his concern about the uncertainty of the common law. Coke attributed this uncertainty to the ignorance and entrepreneurship of practitioners, litigants, and other users of legal power whose actions eroded confidence in the law. Working to limit their behaviours, Coke also simultaneously sought to strengthen royal authority and the Reformation settlement. Yet the tensions in his thought led him into conflict with James I, who had accepted many of the criticisms of the common law. Sir Edward Coke and the Reformation of the Laws reframes the origins of Coke's legal thought within the context of law reform and provides a new interpretation of his early career, the development of his legal thought, and the path from royalism to opposition in the turbulent decades leading up to the English civil wars.
The American Judicial System A Very Short Introduction
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Author : Charles L. Zelden
language : en
Publisher: Oxford University Press
Release Date : 2022
The American Judicial System A Very Short Introduction written by Charles L. Zelden and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Courts categories.
"The book provides a very short, but complete introduction to the institutions and people, the rules and processes, that make up the American judicial system. Jargon free and aimed at a general reader, it explains the where, when, and who of American courts. It also makes clear the how and why behind the law as it affects everyday people. It is, in a word, a starting place to understanding the third branch of American government at both the state and the federal levels, a guide to those wishing to know the basics of the American judicial system, and a cogent synthesis of how the various elements that make up the law and legal institutions fit together"--
Model Rules Of Professional Conduct
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Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007
Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Sixth Asean Chief Justices Roundtable On Environment
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Author : Asian Development Bank
language : en
Publisher:
Release Date : 2018
Sixth Asean Chief Justices Roundtable On Environment written by Asian Development Bank and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Business & Economics categories.
The ASEAN judiciaries reviewed their agreements on how they see, and aimed to fulfill, their role in protecting the environment, advancing environmental justice, and upholding the rule of law at the Sixth Roundtable held in the Philippines. The Sixth Association of Southeast Asian Nations (ASEAN) Chief Justices' Roundtable on Environment, cohosted by the Asian Development Bank, served as a forum to strengthen ASEAN judges' knowledge and expertise in environmental and climate change law. The Sixth Roundtable, held in the Philippines on 1013 November 2016, enabled ASEAN chief justices and their nominees to review prior roundtable agreements and report progress in implementing the Jakarta Common Vision, the Hanoi Action Plan, and the Angkor Statement. The annual roundtable conferences aimed to support ASEAN judges in strengthening their capacity to interpret, apply, and enforce environmental treaties, laws, and regulations based on the rule of law, thereby enabling effective environmental adjudication.
Courts And Comparative Law
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Author : Mads Tønnesson Andenæs
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Courts And Comparative Law written by Mads Tønnesson Andenæs and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.
Judicial Integrity
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Author :
language : en
Publisher: BRILL
Release Date : 2004-05-01
Judicial Integrity written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-05-01 with Law categories.
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.