How To Measure The Quality Of Judicial Reasoning
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How To Measure The Quality Of Judicial Reasoning
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Author : Mátyás Bencze
language : en
Publisher: Springer
Release Date : 2018-08-30
How To Measure The Quality Of Judicial Reasoning written by Mátyás Bencze and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-30 with Law categories.
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England andWales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.
Law Reason And Emotion
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Author : Mortimer Sellers (org.)
language : en
Publisher: Initia Via Editora
Release Date : 2015-12-01
Law Reason And Emotion written by Mortimer Sellers (org.) and has been published by Initia Via Editora this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-01 with Law categories.
Volume III: Working Groups
The Development Of The Law Of The Sea By Unclos Dispute Settlement Bodies
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Author : Lan Ngoc Nguyen
language : en
Publisher: Cambridge University Press
Release Date : 2023-02-09
The Development Of The Law Of The Sea By Unclos Dispute Settlement Bodies written by Lan Ngoc Nguyen 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 2023-02-09 with Law categories.
This is the first study to provide both a systematic assessment of the ways by which the dispute settlement bodies of the United Convention on the Law of the Sea (UNCLOS) contribute to the development of the law of the sea and an exposition of the factors that explain such contribution. The book analyses UNCLOS dispute settlement bodies' decisions and the legal reasoning in key areas of the law of the sea. It further examines the factors that impact the decision-making process of UNCLOS tribunals to explain the parameters within which UNCLOS tribunals operate and how this impacts their ability and willingness to develop the law. The book provides a unique reference point for lecturers, researchers and students of international law, particularly law of the sea, as well as practitioners and government advisors who wish to gain comprehensive insights into the functioning and the role of the UNCLOS dispute settlement system.
Judicial Dysfunction In Indonesia
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Author : Simon Butt
language : en
Publisher: Melbourne Univ. Publishing
Release Date : 2023-12-05
Judicial Dysfunction In Indonesia written by Simon Butt and has been published by Melbourne Univ. Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-05 with Political Science categories.
Indonesia's judicial system has long been described as dysfunctional. Many of its problems developed out of decades of authoritarian rule, which began in the last few years of the reign of Indonesia's first president, Soekarno. By the time President Soeharto's regime fell in 1998, the judiciary had virtually collapsed. Judicial dependence on government, inefficiency and corruption were commonly seen as the main indicators of poor performance, resulting in very low levels of public trust in the courts. To address these problems, reformists focused on improving judicial independence. Yet while independence is a basic prerequisite for adequate judicial performance, much depends on how this independence is exercised. Judicial Dysfunction in Indonesia demonstrates that Indonesian courts have tended to act without accountability and offers detailed analysis of highly controversial decisions by Indonesian courts, many of which have been of major political significance, both domestically and internationally. It sets out in concrete terms, for the first time, how bribes are negotiated and paid to judges and demonstrates that judges have issued poor decisions and engaged in corruption and other misconduct, largely without fear of retribution. Further, it explores unsafe convictions and public pressure as a threat to judicial independence. Judicial Dysfunction in Indonesia shines a sorely needed empirical light on the Indonesian judicial system, and is an essential resource for readers, scholars and students of Indonesian law and society.
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.
Constitutional Reasoning In Latin America And The Caribbean
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Author : Johanna Fröhlich
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-09-05
Constitutional Reasoning In Latin America And The Caribbean written by Johanna Fröhlich and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-05 with Law categories.
This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.
How To Heasure The Quality Of Judicial Reasoning
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Author : Mátyás Bencze
language : en
Publisher:
Release Date : 2018
How To Heasure The Quality Of Judicial Reasoning written by Mátyás Bencze and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with LAW categories.
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.
Embedded Autocracy
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Author : András Bozóki
language : en
Publisher: Rowman & Littlefield
Release Date : 2024-07-17
Embedded Autocracy written by András Bozóki and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-17 with Political Science categories.
Embedded Autocracy: Hungary in the European Union considers the new Hungarian autocracy as a political regime that is deeply entrenched in the make-up of Hungarian society. The deterioration of the social conditions of democracy did not begin in 2010, when Viktor Orbán came to power, so it cannot be reduced to a leadership issue only. András Bozóki and Zoltán Fleck avoid the trap of historical determinism as well. The Orbán's regime is not based solely on the autocratic traits of the leader, nor on simply institutional failures, but on social contexts and cultural configurations. The analysis employed in this book is complex. Hungary's democratic future depends on our ability to understand the mechanisms of autocracy embedded in society. Scenarios for the destruction of democracy are voluminous, and autocratic legalism is one of them, which requires complex analytical tools to understand. Bozóki and Fleck describe the unexpected collapse of Hungarian democracy with the aim of contributing to the exposure of the structural weaknesses of contemporary democracy. Understanding the operational characteristics of the first autocratic regime within the European Union will contribute to the success of those policy makers who aspire to guard the stability of democracy.
The Supreme Court And The Constitution
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Author : Salman Khurshid
language : en
Publisher:
Release Date : 2020
The Supreme Court And The Constitution written by Salman Khurshid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Constitutional courts categories.
Judicial Evaluation
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Author : Francesco Contini
language : en
Publisher: VDM Publishing
Release Date : 2008
Judicial Evaluation written by Francesco Contini and has been published by VDM Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Can courts and judges be evaluated? Or are the ideals of justice incompatible with quality measurement? These questions are addressed by research into the experience of nine European countries. Issues of independence and accountability are analysed by examining the role of the courts as a branch of government that maintains legitimacy and authority as well as providing a public service. This appreciation broadens the conception of accountability, while highlighting that independence is but a means to the end of impartiality. The interests, values and traditions of the law, public management and civil society are each recognised as being relevant to judicial evaluation. The criteria proposed for the effective evaluation of courts include a respect for the core values and roles of courts, a meaningful place for all actors, including the public, and means to ensure that evaluations have consequences in the day to day operations of justice systems. Drawing on practical examples, the book concludes with proposals that may enhance impartiality, accountability and democracy in the administration of justice.