Executive Decision Making And The Courts


Executive Decision Making And The Courts
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Executive Decision Making And The Courts


Executive Decision Making And The Courts
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Author : TT Arvind
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25

Executive Decision Making And The Courts written by TT Arvind and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.


In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.



The Legal Process


The Legal Process
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Author : Carl Abraham Auerbach
language : en
Publisher:
Release Date : 1961

The Legal Process written by Carl Abraham Auerbach and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Employers' liability categories.




Decision Making By The Modern Supreme Court


Decision Making By The Modern Supreme Court
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Author : Richard L. Pacelle, Jr
language : en
Publisher: Cambridge University Press
Release Date : 2011-06-13

Decision Making By The Modern Supreme Court written by Richard L. Pacelle, Jr 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 2011-06-13 with Political Science categories.


There are three general models of Supreme Court decision making: the legal model, the attitudinal model and the strategic model. But each is somewhat incomplete. This book advances an integrated model of Supreme Court decision making that incorporates variables from each of the three models. In examining the modern Supreme Court, since Brown v. Board of Education, the book argues that decisions are a function of the sincere preferences of the justices, the nature of precedent, and the development of the particular issue, as well as separation of powers and the potential constraints posed by the president and Congress. To test this model, the authors examine all full, signed civil liberties and economic cases decisions in the 1953–2000 period. Decision Making by the Modern Supreme Court argues, and the results confirm, that judicial decision making is more nuanced than the attitudinal or legal models have argued in the past.



The Legal Process


The Legal Process
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Author : Carl A. Auerbach
language : en
Publisher:
Release Date : 1961

The Legal Process written by Carl A. Auerbach and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Employers' liability categories.




Executive Decision Making And The Courts


Executive Decision Making And The Courts
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Author : TT Arvind
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25

Executive Decision Making And The Courts written by TT Arvind and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.


In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.



The Legal Process


The Legal Process
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Author : Lloyd Kirkham Garrison
language : en
Publisher:
Release Date : 1956

The Legal Process written by Lloyd Kirkham Garrison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1956 with Administrative procedure categories.




Rationing The Constitution


Rationing The Constitution
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Author : Andrew Coan
language : en
Publisher: Harvard University Press
Release Date : 2019-04-29

Rationing The Constitution written by Andrew Coan and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-29 with Law categories.


In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.



Executive Decision Making


Executive Decision Making
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Author : Marion Bayard Folsom
language : en
Publisher:
Release Date : 1962

Executive Decision Making written by Marion Bayard Folsom and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1962 with Decision-making categories.




The Solicitor General And The United States Supreme Court


The Solicitor General And The United States Supreme Court
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Author : Ryan C. Black
language : en
Publisher:
Release Date : 2012

The Solicitor General And The United States Supreme Court written by Ryan C. Black and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Judicial process categories.


The United States government, represented by the Office of the Solicitor General, appears before the Supreme Court more than any other litigant. The Office's link to the president, the arguments it makes before the Court and its ability to alter the legal and policy landscape make it the most important Supreme Court litigant bar none. As such, scholars must understand the Office's role in Supreme Court decision making and its ability to influence the Court. It examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision-making process. From granting review to cases, selecting winning parties, writing opinions and interpreting precedent, the Solicitor General's office influences the Court to behave in ways it otherwise would not.



How Judges Judge


How Judges Judge
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Author : Brian M. Barry
language : en
Publisher: Taylor & Francis
Release Date : 2020-11-26

How Judges Judge written by Brian M. Barry and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.


A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.