Judicial Decision Making In A Globalised World
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Judicial Decision Making In A Globalised World
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Author : Elaine Mak
language : en
Publisher:
Release Date : 2013
Judicial Decision Making In A Globalised World written by Elaine Mak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Appellate courts categories.
Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands.
High Courts In Global Perspective
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Author : Nuno Garoupa
language : en
Publisher: University of Virginia Press
Release Date : 2021-08-27
High Courts In Global Perspective written by Nuno Garoupa and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-27 with Political Science categories.
High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions. High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today. Contributors: Aylin Aydin-Cakir, Yeditepe University, Turkey * Tanya Bagashka, University of Houston * Clifford Carrubba, Emory University * Amanda Driscoll, Florida State University * Joshua Fischman, University of Virginia * Joshua Fjelstul, Washington University in St. Louis * Tom Ginsburg, University of Chicago * Melinda Gann Hall, Michigan State University * Chris Hanretty, University of London * Lori Hausegger, Boise State University * Diana Kapiszewski, Georgetown University * Lewis A. Kornhauser, New York University * Dominique H. Lewis, Texas A&M University * Chien-Chih Lin, Academia Sinica, Taiwan * Sunita Parikh, Washington University in St. Louis * Russell Smyth, Monash University, Australia * Christopher Zorn, Pennsylvania State University Constitutionalism and Democracy
The Global Expansion Of Judicial Power
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Author : C Neal Tate
language : en
Publisher: NYU Press
Release Date : 1995
The Global Expansion Of Judicial Power written by C Neal Tate and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Political Science categories.
Political scientists and legal scholars of various ideological perspectives trace the intellectual origins of the trend toward the judicialization of politics and the increasing domination of decision- making arenas by quasi-judicial procedures, looking at conditions that promote or retard judicialization in specific countries including Western common-law democracies, European Romano-Germanic democracies, and rapidly changing nations such as Russia and Namibia. Contains papers from a June 1992 meeting, plus other papers. Annotation copyright by Book News, Inc., Portland, OR
Judicial Decision Making
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Author : Valeria Giordano
language : it
Publisher: G Giappichelli Editore
Release Date : 2017-03-30
Judicial Decision Making written by Valeria Giordano and has been published by G Giappichelli Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-30 with Law categories.
The Global Expansion Of Judicial Power
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Author : C Neal Tate
language : en
Publisher: NYU Press
Release Date : 1997-06-01
The Global Expansion Of Judicial Power written by C Neal Tate and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-01 with Political Science categories.
In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
The Law Of Global Governance
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Author : Eyal Benvenisti
language : en
Publisher: BRILL
Release Date : 2014-07-02
The Law Of Global Governance written by Eyal Benvenisti and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-02 with Law categories.
Also available as an e-book The book argues that the decision-making processes within international organizations and other global governance bodies ought to be subjected to procedural and substantive legal constraints that are associated domestically with the requirements of the rule of law. The book explains why law — international, regional, domestic, formal or soft — should restrain global actors in the same way that judicial oversight is applied to domestic administrative agencies. It outlines the emerging web of global norms designed to protect the rights and interests of all affected individuals, to enable public deliberation, and to promote the legitimacy of the global bodies. These norms are being shaped by a growing convergence of expectations of global institutions to ensure public participation and representation, impartiality and independence of decision-makers, and accountability of decisions. The book explores these mechanisms as well as the political and social forces that are shaping their development by analysing the emerging judicial practice concerning a variety of institutions, ranging from the UN Security Council and other formal organizations to informal and private standard-setting bodies.
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.
Judicial Decision Making In A Globalised World
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Author : Elaine Mak
language : en
Publisher: A&C Black
Release Date : 2014-07-04
Judicial Decision Making In A Globalised World written by Elaine Mak and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-04 with Law categories.
Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.
The Culture Of Judicial Independence In A Globalised World
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Author : Shimon Shetreet
language : en
Publisher: BRILL
Release Date : 2016-11-10
The Culture Of Judicial Independence In A Globalised World written by Shimon Shetreet and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
This volume The Culture of Judicial Independence in a Globalised World, is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate, edited by Professor Shimon Shetreet and Chief Justice Deschenes (Martinus Nijhoff Publishers 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Martinus Nijhoff Publishers 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Martinus Nijhoff Publishers 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence – both national and international.
Embedded Courts
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Author : Kwai Hang Ng
language : en
Publisher:
Release Date : 2017
Embedded Courts written by Kwai Hang Ng and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with LAW categories.
"Ever since the opening up of China's economy in the 1980s, both domestic and foreign attention to China's judiciary has increased in tandem with the country's growing international presence. This is so even though Westerners generally view its socialist legal development with skepticism. Major news outlets such as The New York Times and The Economist now commonly report the major trials of China, from the televised trial of former Chongqing party chief Bo Xilai, to multi-billion dollar civil trials targeting transnational Fortune 500 giants like Apple and Qualcomm"--