Judges And Courts
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Commitment And Cooperation On High Courts
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Author : Benjamin Alarie
language : en
Publisher: Oxford University Press
Release Date : 2017-07-25
Commitment And Cooperation On High Courts written by Benjamin Alarie 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 2017-07-25 with Law categories.
Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
The International Judge
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Author : Daniel Terris
language : en
Publisher: UPNE
Release Date : 2007
The International Judge written by Daniel Terris and has been published by UPNE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
An interdisciplinary introduction to international judges and their work
Trends In The Judiciary
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Author : David Lowe
language : en
Publisher: CRC Press
Release Date : 2015-02-06
Trends In The Judiciary written by David Lowe and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-06 with Computers categories.
The term judicial opinion can be a misnomer as rarely are judges true feelings on legal issues and the work they do made available to the public. Judges are constrained when writing decisions to follow the law and leave personal commentary aside. Through a series of revealing interviews, this book gathers empirical data from judges and justices fr
The Judge The Judiciary And The Court
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Author : Gabrielle Appleby
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-29
The Judge The Judiciary And The Court written by Gabrielle Appleby 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 2021-04-29 with Law categories.
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
Coercing Virtue
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Author : Robert H. Bork
language : en
Publisher: Vintage Canada
Release Date : 2010-07-07
Coercing Virtue written by Robert H. Bork and has been published by Vintage Canada this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-07 with Law categories.
Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
The Culture Of Judicial Independence
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Author : Shimon Shetreet
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2015-01-27
The Culture Of Judicial Independence written by Shimon Shetreet and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-27 with Law categories.
The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.
Courts On Trial
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Author : Jerome Frank
language : en
Publisher: Princeton University Press
Release Date : 1973-09-21
Courts On Trial written by Jerome Frank 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 1973-09-21 with Law categories.
CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.
Judging The World
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Author : Garry Sturgess
language : en
Publisher: Lexis Law Publishing (Va)
Release Date : 1988
Judging The World written by Garry Sturgess and has been published by Lexis Law Publishing (Va) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.
Judiciary Led Reforms In Singapore
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Author : Waleed Haider Malik
language : en
Publisher: World Bank Publications
Release Date : 2007-01-01
Judiciary Led Reforms In Singapore written by Waleed Haider Malik 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 2007-01-01 with Law categories.
While each countrys judiciary is unique in its individual needs, capabilities and contexts, the lessons learned from Singapores success can help guide judicial reform initiatives regionally as well as globally. No one would suggest that Singapores strategy is a magic formula that if followed can erase the inefficiencies of all judiciaries. But it would be wise to examine the strategies used and lessons learned from Singapores experience as a potential guide towards successful and sustainable judicial reform.
Judges On Judging
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Author : David M. O'Brien
language : en
Publisher: Chatham House Publishers
Release Date : 1997
Judges On Judging written by David M. O'Brien and has been published by Chatham House Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Courts categories.
A "collection of essays by federal and state jurists, conservatives and liberals, ... [providing] insights into the nature and dynamics of the judicial process and various roles of the judge and the courts, especially the U.S. Supreme Court, in the American polity."