Justice Versus Judiciary
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Justice Versus Judiciary
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Author : Sudhanshu Ranjan
language : en
Publisher: Oxford University Press
Release Date : 2019-04-17
Justice Versus Judiciary written by Sudhanshu Ranjan 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 2019-04-17 with Law categories.
There can be no dispute that the judges of the high courts and the Supreme Court of India wield tremendous powers. However, power comes with a price which bestows huge responsibility. Building on this narrative, the book advocates that judges must be made accountable not only in respect of their personal conduct and integrity, but also in respect of the judicial verdicts they deliver. This book, thus, critically discusses Articles 141, 142, and 144, which make the Supreme Court the most powerful institution in the country, and Articles 32 and 136, which also confer wide powers on it. Using these powers, the apex court sometimes, unmindful of the budgetary and other vital implications, tends to pass orders which lack the scope for implementation. The book suggests measures to improve the functioning of Indian judicial system and save the institutions of justice from turning autocratic and narcissistic.
Justice And The Judiciary
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Author : Georghios M. Pikis
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-01
Justice And The Judiciary written by Georghios M. Pikis 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 2012-08-01 with Law categories.
The book is meant to elucidate the concept of justice and its dictates in the various fields of life as well as the implications of injustice. Human rights, the rule of law and democracy are the offspring of justice. The Judiciary is the agent of justice, the persona of justice, trusted to uphold justice in the ever-changing circumstances of life. Of old, justice was perceived as encompassing all virtues. It has a pananthropic character charting the way for symmetry in life and the ascent of man. The book has a lego-philosophical character of interest to every anthropological and societal discipline.
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.
The Judicial System
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Author : Carlo Guarnieri
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-05-29
The Judicial System written by Carlo Guarnieri and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-29 with Law categories.
This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits.
Challenged Justice In Pursuit Of Judicial Independence
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Author : Shimon Shetreet
language : en
Publisher: BRILL
Release Date : 2021-08-24
Challenged Justice In Pursuit Of Judicial Independence 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 2021-08-24 with Law categories.
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
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?
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 And Judicial Duty
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Author : Philip Hamburger
language : en
Publisher: Harvard University Press
Release Date : 2008-11-01
Law And Judicial Duty written by Philip Hamburger and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-01 with Law categories.
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judicial review. Although decisions holding statutes unconstitutional are these days considered instances of a distinct judicial power of review, Hamburger shows that they were once understood merely as instances of a broader judicial duty. The book’s focus on judicial duty overturns the familiar debate about judicial power. The book is therefore essential reading for anyone concerned about the proper role of the judiciary. Hamburger lays the foundation for his argument by explaining the common law ideals of law and judicial duty. He shows that the law of the land was understood to rest on the authority of the lawmaker and that what could not be discerned within the law of the land was not considered legally binding. He then shows that judges had a duty to decide in accord with the law of the land. These two ideals—law and judicial duty—together established and limited what judges could do. By reviving an understanding of these common law ideals, Law and Judicial Duty calls into question the modern assumption that judicial review is a power within the judges’ control. Indeed, the book shows that what is currently considered a distinct power of review was once understood as a matter of duty—the duty of judges to decide in accord with the law of the land. The book thereby challenges the very notion of judicial review. It shows that judges had authority to hold government acts unconstitutional, but that they enjoyed this power only to the extent it was required by their duty.In laying out the common law ideals, and in explaining judicial review as an aspect of judicial duty, Law and Judicial Duty reveals a very different paradigm of law and of judging than prevails today. The book, moreover, sheds new light on a host of misunderstood problems, including intent, manifest contradiction, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.
The Myth Of Judicial Independence
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Author : Mike McConville
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-06-29
The Myth Of Judicial Independence written by Mike McConville 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 2020-06-29 with categories.
Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law, including an adversarial process and trial by jury, and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.
Justice And Technology In Europe How Ict Is Changing The Judicial Business
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Author : Marco Fabri
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2001-10-31
Justice And Technology In Europe How Ict Is Changing The Judicial Business written by Marco Fabri and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-31 with Law categories.
Like systems and procedures in most areas of modern society, the functioning of courts throughout the world has been enormously affected by information and communication technologies (ICT). It has become crucial for lawyers to keep pace with technical changes in judicial systems, especially in international cases where an understanding of procedural variations from one system to another could spell the difference between success and failure. This immensely valuable book has been written by experts who, in various ways, have actually been engaged in the planning and implementation of ICT in the courts of their respective countries. To ensure information that is as homogeneous as possible, and to facilitate cross-border comparisons, the authors have followed a common and detailed `blueprint' which includes a brief description of the judicial system under discussion. The papers were originally prepared for presentation at the first European Seminar on Court Technology, held in September 2000, at the Research Institute on Judicial Systems (IRSIG-CNR) in Bologna, Italy. The Seminar brought together delegates from the fifteen member countries of the European Union, the Court of Justice of the European Communities, Norway, Venezuela, and The World Bank, to discuss topics related to court technology. Overall, the book offers an in-depth, up-to-date overview of methodology, difficulties encountered, and results so far achieved in the implementation of ICT in the European judicial systems. Specific areas of court technology covered include case management systems, electronic filing, and electronic data interchange. Although the emphasis is on EU Member States, a general overview of ICT applications in some Latin American judiciaries is also provided. Justice and Technology in Europe will be of great practical value to policy makers, judges, judicial personnel, lawyers, and ICT experts, as well as to judicial administration scholars interested in ICT in the judicial systems and on the strategy and governance established to increase its diffusion.