Fair Reflection Of Society In Judicial Systems A Comparative Study
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Fair Reflection Of Society In Judicial Systems A Comparative Study
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Author : Sophie Turenne
language : en
Publisher: Springer
Release Date : 2015-07-20
Fair Reflection Of Society In Judicial Systems A Comparative Study written by Sophie Turenne and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-20 with Law categories.
This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.
General Reports Of The Xixth Congress Of The International Academy Of Comparative Law Rapports G N Raux Du Xix Me Congr S De L Acad Mie Internationale De Droit Compar
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Author : Martin Schauer
language : en
Publisher: Springer
Release Date : 2017-06-01
General Reports Of The Xixth Congress Of The International Academy Of Comparative Law Rapports G N Raux Du Xix Me Congr S De L Acad Mie Internationale De Droit Compar written by Martin Schauer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-01 with Law categories.
This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area.
The Cambridge Handbook Of Foreign Judges On Domestic Courts
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Author : Anna Dziedzic
language : en
Publisher: Cambridge University Press
Release Date : 2023-10-31
The Cambridge Handbook Of Foreign Judges On Domestic Courts written by Anna Dziedzic 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 2023-10-31 with Law categories.
This Handbook presents a comparative study of foreign judges on domestic courts, examining the practice and its implications for adjudication, judicial identity and judicial independence and accountability. The Handbook will interest scholars of comparative law and judicial studies, as well as judges, lawyers and historians.
Comparative Constitutional Law In Latin America
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Author : Rosalind Dixon
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-06-30
Comparative Constitutional Law In Latin America written by Rosalind Dixon and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-30 with categories.
This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.
Judges And Democratization
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Author : B. C. Smith
language : en
Publisher: Taylor & Francis
Release Date : 2022-11-18
Judges And Democratization written by B. C. Smith and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-18 with Political Science categories.
This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.
Women And The Judiciary In The Asia Pacific
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Author : Melissa Crouch
language : en
Publisher: Cambridge University Press
Release Date : 2021-10-07
Women And The Judiciary In The Asia Pacific written by Melissa Crouch 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 2021-10-07 with Law categories.
First comparative study of women judges in the Asia-Pacific based on empirical socio-legal research.
Who Judges
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Author : Rieko Kage
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-12
Who Judges written by Rieko Kage 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 2017-10-12 with Law categories.
Who Judges? is the first book to explain why different states design their new jury systems in markedly different ways.
Foreign Judges In The Pacific
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Author : Anna Dziedzic
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-11-04
Foreign Judges In The Pacific written by Anna Dziedzic and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-04 with Law categories.
This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.
The Constitution Of Czechia
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Author : David Kosar
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-09-09
The Constitution Of Czechia written by David Kosar and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-09 with Law categories.
This book provides a contextual and authoritative overview of the principles, doctrines and institutions that underpin the Czech constitution. The book explores key topics including; the Czech pluralist constitution, constitutional principles, the interaction between the legislature, executive and the judiciary, the role of local governance and application of fundamental rights in practice. It also covers the morphing of Czech constitutionalism as a result of personal politics, conventions, informal institutions and constitutional narratives and sentiments. This informative study allows students and scholars of law and politics to develop an informed view of how Czech democracy actually works and what its main challenges are.
Access To Justice Beyond The State Courts
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Author : Aimé-Parfait Niyonkuru
language : en
Publisher: LIT Verlag Münster
Release Date : 2021-12-28
Access To Justice Beyond The State Courts written by Aimé-Parfait Niyonkuru and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with categories.
Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundis formal state court justice system. This book argues that engaging with out-of-court justice in Burundis legal pluralism model may positively impact on peoples access to justice, particularly for the poor and the underprivileged.