Judges And The Rule Of Law
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Political Judges And The Rule Of Law
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Author : Ronald Dworkin
language : en
Publisher: Longwood PressLtd
Release Date : 1980
Political Judges And The Rule Of Law written by Ronald Dworkin and has been published by Longwood PressLtd this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Judges categories.
The Culture Of Judicial Independence
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Author : Shimon Shetreet
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-09-12
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 2014-09-12 with Law categories.
This volume offers an in depth analysis of current issues of culture of judicial independence in comparative perspective by senior academics, judges and practitioners across jurisdictions. It deals with central topics that stand high in the academic and public discourse on the role of judges in society and in the system of government, their constitutional position, and the relations between top domestic courts and international and supra-national courts.
Judges Against Justice
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Author : Hans Petter Graver
language : en
Publisher: Springer
Release Date : 2014-09-11
Judges Against Justice written by Hans Petter Graver and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-11 with Law categories.
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
Political Judges And The Rule Of Law
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Author : R. M. Dworkin
language : en
Publisher:
Release Date : 1978
Political Judges And The Rule Of Law written by R. M. Dworkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Judges categories.
The Ultimate Rule Of Law
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Author : David M. Beatty
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The Ultimate Rule Of Law written by David M. Beatty and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.
The Rule Of Law 1603 1660
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Author : James S. Hart JR
language : en
Publisher: Routledge
Release Date : 2014-09-19
The Rule Of Law 1603 1660 written by James S. Hart JR and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-19 with History categories.
This book measures contemporary attitudes to the law - within and outside of the legal profession – to see how c17th century Englishmen defined the role of law in their society, to see what their expectations were of the law and how these expectations helped shape political debate – and ultimately determined political decisions – over the course of a very turbulent century.
Fighting For Justice
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Author : Elizabeth Gibson-Morgan
language : en
Publisher: University of Wales Press
Release Date : 2021-06-15
Fighting For Justice written by Elizabeth Gibson-Morgan and has been published by University of Wales Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-15 with Law categories.
This is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.
Law Liberty And The Rule Of Law
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Author : Imer B. Flores
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-29
Law Liberty And The Rule Of Law written by Imer B. Flores 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 2012-09-29 with Philosophy categories.
In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.
The Rule Of Law
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Author : H. Malcolm MacDonald, Thomas F. Green, Arthur L. Harding, Schuyler W. Jackson
language : en
Publisher:
Release Date : 1961
The Rule Of Law written by H. Malcolm MacDonald, Thomas F. Green, Arthur L. Harding, Schuyler W. Jackson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with categories.
Making Our Democracy Work
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Author : Stephen Breyer
language : en
Publisher: Vintage
Release Date : 2010-09-14
Making Our Democracy Work written by Stephen Breyer and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-14 with Political Science categories.
The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them. Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.