Courts In Transition
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Supreme Courts In Transition In China And The West
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Author : Cornelis Hendrik (Remco) van Rhee
language : en
Publisher: Springer
Release Date : 2017-02-20
Supreme Courts In Transition In China And The West written by Cornelis Hendrik (Remco) van Rhee and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-20 with Law categories.
This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.
The Role Of Courts In Transitional Justice
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Author : Jessica Almqvist
language : en
Publisher: Routledge
Release Date : 2013-06-17
The Role Of Courts In Transitional Justice written by Jessica Almqvist and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with Law categories.
Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
Courts And Transition In Russia
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Author : Peter H., Jr. Solomon
language : en
Publisher: Routledge
Release Date : 2018-02-23
Courts And Transition In Russia written by Peter H., Jr. Solomon and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-23 with Political Science categories.
It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In Courts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, Courts and Transition in Russia should appeal to anyone interested in law, politics, or business in Russia ? scholars and practitioners alike ? as well as to students of comparative law, legal transition, and courts in new democracies.
Chinese Courts
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Author : 信春鹰
language : en
Publisher:
Release Date : 2004
Chinese Courts written by 信春鹰 and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Courts categories.
Judicial Independence In Transition
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Author : Anja Seibert-Fohr
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-04-25
Judicial Independence In Transition written by Anja Seibert-Fohr and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-25 with Law categories.
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
Courts And Transition In Russia
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Author : Peter H. Solomon
language : en
Publisher: Westview Press
Release Date : 2000-08-21
Courts And Transition In Russia written by Peter H. Solomon and has been published by Westview Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-08-21 with History categories.
The authors analyse the state and operation of courts in Russia and the progress of their reform since the end of Soviet power before outlining what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair.
Judicial Systems In Transition Economies
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Author : James Horton Anderson
language : en
Publisher: World Bank Publications
Release Date : 2005
Judicial Systems In Transition Economies written by James Horton Anderson and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.
'Judicial Systems in Transition Economies' looks at the experience of countries in Central and Eastern Europe and the Baltics (CEE) and the Commonwealth of Independent States (CIS) as they reform their legal and judicial institutions to fit the needs of a market economy. The study shows, rather disturbingly, that less progress has been made in judicial reform than in most other areas of institutional reform in these countries. The transition from socialism to capitalism requires a fundamental reorientation of legal and judicial institutions. This study reviews the environment preceding reforms, forces that provoked and supported them, and the reform agendas undertaken in these countries since 1990. Against this background, it exposes the impact of reforms, implementation gaps, and the underlying determinants of success and failure. The report examines how courts have performed, and reveals their impact on public opinion and the business environment. It provides insight into linkages among reforms as well as linkages between reforms and public demand for a fair judiciary. The authors show that while each country presents different challenges and opportunities, certain lessons apply in most settings. Their insights and data would be useful to policy makers, judicial personnel, and those involved in reforming judiciaries. The study draws on numerous data sources. These include the World Bank, the European Bank for Reconstruction and Development (EBRD, the American Bar Association-Central European and Eurasian Law Initiative (ABA-CEELI), the World Values Survey, the World Economic Forum, and the University of Strathclyde.
Idea The Courts And The Law Of Transition
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Author : J. and C. Greenawalt McAfee
language : en
Publisher:
Release Date :
Idea The Courts And The Law Of Transition written by J. and C. Greenawalt McAfee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Perils Of Judicial Self Government In Transitional Societies
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Author : David Kosař
language : en
Publisher: Cambridge University Press
Release Date : 2016-04
Perils Of Judicial Self Government In Transitional Societies written by David Kosař 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 2016-04 with Law categories.
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.
The Supreme Court In Transition
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Author : Carl Brent Swisher
language : en
Publisher:
Release Date : 1939*
The Supreme Court In Transition written by Carl Brent Swisher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1939* with categories.