Judicial Discretion
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Facing Judicial Discretion
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Author : M. Iglesias Vila
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09
Facing Judicial Discretion written by M. Iglesias Vila 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 2013-03-09 with Philosophy categories.
In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure. The demand that public authorities prosecute and condemn those who directly or indirectly support ETA and its terrorist attacks was one of the most prevalent slogans in the marches. Indeed, the social response was aimed not only against the terrorist group, but also against Herri Batasuna (HB), the political party that openly endorse ETA's armed actions in the Basque Country. From the legal point of view, it is interesting to examine what it is citizens are requesting from the government in the above-mentioned case. How do these collective claims translate into legal language? One may think it fit to answer that Spanish citizens want violence to be met with the institutional punishment prescribed by the legal order. Nonetheless, it could also be argued that citizens in fact demand that certain kinds of behaviour be regulated by the law in their country. While from the latter viewpoint citizens wish for the creation of new legal norms, from the former they are just calling for the application of the law. What reasons may render us inclined to sympathise with one of these two views rather than the other? Which one of these two options is most appropriate? At first sight, this may appear to be a simple question.
Judicial Discretion
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Author : Aharon Barak
language : en
Publisher:
Release Date : 1989
Judicial Discretion written by Aharon Barak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Judges categories.
Judicial Discretion In The House Of Lords
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Author : David Robertson
language : en
Publisher: Oxford University Press on Demand
Release Date : 1998
Judicial Discretion In The House Of Lords written by David Robertson and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
There have been few studies of the Law Lords, and no study of them by a political scientist for more than ten years. This book concentrates on the arguments the Law Lords use in justifying their decisions, and is concerned as much with the legal methodology as with the substance of theirdecisions. Very close attention is paid to the different approaches and styles of judicial argument, but the book is not restricted to this traditional analytic approach. One chapter applies the statistical techniques Americans call 'jurimetrics' and have successfully used on the US Supreme Court. The main theme is that the Law Lords enjoy and fully utilise far more discretion in their judgements than is normally admitted, and that much depends on exactly which judges happen to hear a case. the second part of the book shows the impact this extreme discretion has had in shaping both public lawand areas of civil law.
Judicial Discretion
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Author : J. Eric Smithburn
language : en
Publisher:
Release Date : 2007-01-01
Judicial Discretion written by J. Eric Smithburn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Judicial discretion categories.
Judicial Discretion Within Adjudicative Committee Proceedings In China
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Author : Li Li
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-04-15
Judicial Discretion Within Adjudicative Committee Proceedings In China written by Li Li 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 2014-04-15 with Law categories.
This book studies the organizational influences on judicial discretion within Adjudicative Committee (AC) proceedings in China. It argues that institutional reforms and practice have mainly reduced judicial discretion within AC proceedings through the rationalization of organizational processes. This central argument will be of particular interest to the readers, as previous studies offer little insight into the overall impacts of judicial institution reforms. This book is the first that uses the bounded rationality theory developed in economics and related disciplines to formulate an analytic framework for a systematic and comprehensive examination of the impacts of organizational factors on discretion within Adjudicative Committees’ decision-making processes. Readers will gain a practical and fresh understanding of the Chinese judicial reforms.
Judicial Discretion And Criminal Investigation
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Author : Sybil Sharpe
language : en
Publisher:
Release Date : 1998
Judicial Discretion And Criminal Investigation written by Sybil Sharpe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Criminal investigation categories.
This is a critical study of the pre- and post-PACE use of judicial discretion in criminal cases.
Gender Crime And Judicial Discretion 1780 1830
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Author : Deirdre Palk
language : en
Publisher: Boydell & Brewer
Release Date : 2006
Gender Crime And Judicial Discretion 1780 1830 written by Deirdre Palk and has been published by Boydell & Brewer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with History categories.
Crimes in England in the 18th and 19th centuries were committed and judged differently, depending on whether the culprit was male or female. This study of the English judicial system in London provides a detailed view of its complex workings, with particular attention to the role and treatment of women.
Sentencing Judicial Discretion And Training
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Author : Colin R. Munro
language : en
Publisher:
Release Date : 1992
Sentencing Judicial Discretion And Training written by Colin R. Munro and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Judges categories.
The Judge Discretion And The Criminal Trial
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Author : Rosemary Pattenden
language : en
Publisher: Oxford University Press, USA
Release Date : 1982
The Judge Discretion And The Criminal Trial written by Rosemary Pattenden 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 1982 with Language Arts & Disciplines categories.
Judging In Good Faith
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Author : Steven J. Burton
language : en
Publisher: Cambridge University Press
Release Date : 1994-11-25
Judging In Good Faith written by Steven J. Burton 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 1994-11-25 with Law categories.
This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.
