Judicial Dis Appointments
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Judicial Dis Appointments
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Author : Mitchel de S. -O. -l'E. Lasser
language : en
Publisher: Oxford University Press
Release Date : 2020-10-11
Judicial Dis Appointments written by Mitchel de S. -O. -l'E. Lasser 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 2020-10-11 with Law categories.
In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent significant reforms to their respective judicial appointments processes. Though very different judicial institutions, they adopted very similar - and rather remarkable - reforms: each would now make use of an expert panel of judicial notables to vet the candidates proposed to sit in Luxembourg or Strasbourg. Once established, these two vetting panels then followed with actions no less extraordinary: they each immediately took to rejecting a sizable percentage of the judicial candidates proposed by the Member State governments. What had happened? Why would the Member States of the European Union and of the Council of Europe, which had established judicial appointments processes that all but ensured themselves the unfettered power to designate their preferred judges to the European courts, and who had zealously maintained and exercised that power over the course of some fifty years, suddenly decide to undermine their own capacity to continue to do so? This book sets out to solve this mystery. Its point of departure is that it would be a mistake to view the 2009-2010 establishment of the two vetting panels in isolation from other European judicial developments. Though these acts of institutional creation are certainly the most notable recent developments, they actually represent but the crowning achievement of a process of European judicial appointments reform that has been running unremittingly since the 1990's. This longstanding and tenacious movement has actually triggered a broad set of interrelated debates and reforms, encompassing not only judicial appointments per se, but also a much wider set of issues, including judicial independence, judicial quality, judicial councils, the separation of powers, judicial gender equity, and more.
The Governance Of Britain
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Author : Great Britain: Ministry of Justice
language : en
Publisher: The Stationery Office
Release Date : 2007-10-25
The Governance Of Britain written by Great Britain: Ministry of Justice and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-25 with Business & Economics categories.
The judiciary forms one of the three arms of state (together with the executive and the legislature) and the proper functioning of the judiciary is vital to the proper functioning of any stable democracy. Following on from a Green Paper (Cm. 7170, ISBN 9780101717021) published in July 2007, this consultation paper examines the arrangements for making judicial appointments in England and Wales (as well as considering the possible implications for the devolved administrations in Scotland and Northern Ireland). Issues discussed include: the role of the three arms of state and the doctrine of the separation of powers; fundamental principles that should govern judicial appointments, such as the need to maintain the independence and integrity of the judiciary; and the current process for judicial appointments in the UK and in other countries. It sets out options for reforming existing arrangements for appointing judges for consultation, and the consultation period ends on 17/01/2008.
Advice And Consent
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Author : Lee Epstein
language : en
Publisher: Oxford University Press
Release Date : 2005-09-15
Advice And Consent written by Lee Epstein 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 2005-09-15 with Political Science categories.
From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
The Appointment Process For U S Circuit And District Court Nominations
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Author : Congressional Research Service
language : en
Publisher: CreateSpace
Release Date : 2014-10-22
The Appointment Process For U S Circuit And District Court Nominations written by Congressional Research Service and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-22 with Political Science categories.
In recent decades, the process for appointing judges to the U.S. circuit courts of appeals and the U.S. district courts has been of continuing Senate interest. The responsibility for making these appointments is shared by the President and the Senate. Pursuant to the Constitution's Appointments Clause, the President nominates persons to fill federal judgeships, with the appointment of each nominee also requiring Senate confirmation. Although not mentioned in the Constitution, an important role is also played midway in the appointment process by the Senate Judiciary Committee. The need for a President to make a circuit or district court nomination typically arises when a judgeship becomes or soon will become vacant. With almost no formal restrictions on whom the President may consider, an informal requirement is that judicial candidates are expected to meet a high standard of professional qualification. By custom, candidates who the President considers for district judgeships are typically identified by home state Senators if the latter are of the President's party, with such Senators, however, generally exerting less influence over the selection of circuit nominees. Another customary expectation is that the Administration, before the President selects a nominee, will consult both home state Senators, regardless of their party, to determine the acceptability to them of the candidate under consideration. In recent Administrations, the pre-nomination evaluation of judicial candidates has been performed jointly by staff in the White House Counsel's Office and the Department of Justice. Candidate finalists also undergo a confidential background investigation by the FBI and an independent evaluation by a committee of the American Bar Association. The selection process is completed when the President, approving of a candidate, signs a nomination message, which is then sent to the Senate. Once received by the Senate, the judicial nomination is referred to the Judiciary Committee, where professional staff initiate their own investigation into the nominee's background and qualifications. Also, during this pre-hearing phase, the committee, through its “blue slip” procedure, seeks the assessment of home state Senators regarding whether they approve having the committee consider and take action on the nominee. Next in the process is the confirmation hearing, where judicial nominees engage in a question and answer session with members of the Judiciary Committee. Questions from Senators may focus, among other things, on a nominee's qualifications, understanding of how to interpret the law, previous experiences, and the role of judges.
Appointing Judges In An Age Of Judicial Power
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Author : Peter H. Russell
language : en
Publisher: University of Toronto Press
Release Date : 2006-01-01
Appointing Judges In An Age Of Judicial Power written by Peter H. Russell and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Political Science categories.
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Overcoming Life S Disappointments
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Author : Harold S. Kushner
language : en
Publisher: Anchor
Release Date : 2006-08-15
Overcoming Life S Disappointments written by Harold S. Kushner and has been published by Anchor this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-08-15 with Religion categories.
NEW YORK TIMES BESTSELLER • “No human relationship is without betrayal, irritation and annoyance, but Kushner makes clear that it’s what we do about such obstacles that matter” (Los Angeles Times Book Review) in this best-selling guide to being your best self, even when things don’t turn out as you’d hoped. The beloved author of When Bad Things Happen to Good People, Rabbi Harold S. Kushner here turns to the experience of Moses to find the requisite lessons of strength and faith—the lessons that teach us how to overcome the disappointments that life inherently brings. We can learn how to meet all disappointments with faith in ourselves and the future, and how to respond to heartbreak—how to weather the disillusionment of dreams unfulfilled, the pain of a lost job, divorce or abandonment, illness, and more—with understanding rather than bitterness and despair. With Kushner’s signature warmth, Overcoming Life’s Disappointments is a book of spiritual wisdom—as practical as it is inspiring.
India Democracy And Disappointments
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Author : Joginder Singh
language : en
Publisher: Gyan Publishing House
Release Date : 2010
India Democracy And Disappointments written by Joginder Singh and has been published by Gyan Publishing House this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Corruption categories.
Articles on political corruption, social corruption, and social problems of India; written from 2002.
Constitutional Triumphs Constitutional Disappointments
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Author : Rosalind Dixon
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
Constitutional Triumphs Constitutional Disappointments written by Rosalind Dixon 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 2018-04-19 with History categories.
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
Supreme Conflict
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Author : Jan Crawford Greenburg
language : en
Publisher: Penguin
Release Date : 2007-01-23
Supreme Conflict written by Jan Crawford Greenburg and has been published by Penguin this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-23 with Political Science categories.
"A tour de force...A fresh and detailed account of how the court works and, relatedly, how presidents decide who gets there." -The Wall Street Journal "A fascinating look at dynamics within the court, showing how personalities and ideology can affect alliances and debates." -The New York Times The New York Times bestselling account of the most consequential shift in the use of American judicial power in almost one hundred years. Drawing on unprecedented access to the Supreme Court justices themselves and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive newsbreaking account of one of the most momentous political watersheds in American history. From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court—a revelatory look at one of the central fronts of America's culture wars by one of the most widely respected experts on the subject.
Journal Of The Assembly Of The State Of New York
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Author : New York (State). Legislature. Assembly
language : en
Publisher:
Release Date : 1897
Journal Of The Assembly Of The State Of New York written by New York (State). Legislature. Assembly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1897 with New York (State) categories.
Includes special sessions.