Court Monitoring And Legislative Analysis

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Court Monitoring And Legislative Analysis

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Author :
language : en
Publisher:
Release Date : 2005

Court Monitoring And Legislative Analysis written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with CD-ROMs categories.

Halsbury S Laws Of England

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Author :
language : en
Publisher:
Release Date : 1990

Halsbury S Laws Of England written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with categories.

Proportionality In Action

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Author : Mordechai Kremnitzer
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-30

Proportionality In Action written by Mordechai Kremnitzer 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 2020-04-30 with Law categories.

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

The German Federal Constitutional Court

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Author : Matthias Jestaedt
language : en
Publisher: Oxford University Press
Release Date : 2020-03-05

The German Federal Constitutional Court written by Matthias Jestaedt 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 2020-03-05 with Law categories.

This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.

Weak Courts Strong Rights

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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2009-07-20

Weak Courts Strong Rights written by Mark Tushnet and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-20 with Political Science categories.

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Judging Statutes

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Author : Robert A. Katzmann
language : en
Publisher: Oxford University Press
Release Date : 2014-08-14

Judging Statutes written by Robert A. Katzmann 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 2014-08-14 with Law categories.

In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Report

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Author : California. Judicial Council
language : en
Publisher:
Release Date : 1992

Report written by California. Judicial Council and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Justice, Administration of categories.

Vols. for 1963- include the Annual report of the Administrative office of the California Courts.

Monitor

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Author :
language : en
Publisher:
Release Date : 1981

Monitor written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Energy policy categories.

The Legislative History Of The International Criminal Court 2 Vols

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Author : M. Cherif Bassiouni
language : en
Publisher: BRILL
Release Date : 2016-10-05

The Legislative History Of The International Criminal Court 2 Vols written by M. Cherif Bassiouni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-05 with Law categories.

This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This new edition contains the amendments adopted at the Kampala Conference, amendments to the Rules of Procedure and Evidence and the Regulations of the Court, and references to relevant case law cover ing the first decade of the Court’s judicial activity. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC. Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this publication unmatched for completeness and ease of use.

Summary Of Recommendations In The Analysis Of The Budget Bill

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Author : California. Legislature. Joint Legislative Budget Committee. Legislative Analyst
language : en
Publisher:
Release Date : 1986

Summary Of Recommendations In The Analysis Of The Budget Bill written by California. Legislature. Joint Legislative Budget Committee. Legislative Analyst and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Budget categories.