La Riforma Sulla Responsabilit Civile Dei Magistrati Tra Incertezze Interpretative E Profili Di Costituzionalit
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La Riforma Sulla Responsabilit Civile Dei Magistrati Tra Incertezze Interpretative E Profili Di Costituzionalit
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Author : Maria Teresa Stile
language : it
Publisher: Giapeto Editore Surl
Release Date : 2017-06-28
La Riforma Sulla Responsabilit Civile Dei Magistrati Tra Incertezze Interpretative E Profili Di Costituzionalit written by Maria Teresa Stile and has been published by Giapeto Editore Surl this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-28 with Law categories.
Il presente lavoro, muovendo dal sistema disciplinato dalla legge n. 117/1988, analizza le problematiche generate dalla recente legge n. 18/2015, che ha modificato la disciplina sulla responsabilità civile dei magistrati. L’indagine esamina specifici aspetti della nuova legge caratterizzati da incertezze interpretative e profili di costituzionalità: dalla deroga alla clausola di salvaguardia alla rimozione del filtro endoprocessuale di ammissibilità delle domande risarcitorie, dalla rivalsa dello Stato nei confronti del magistrato sino alle interferenze tra processo civile e procedimento disciplinare a carico di quest’ultimo, nel quadro dell’evoluzione dei percorsi interpretativi della giurisprudenza della Corte di giustizia dell’Unione europea, consentendo di fornire elementi valutativi nel contesto del dibattito sui rapporti tra Corte di Lussemburgo e Corti nazionali.
Eulogy Of Judges
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Author : Piero Calamandrei
language : en
Publisher:
Release Date : 2008-05
Eulogy Of Judges written by Piero Calamandrei and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05 with categories.
Reprint of the first American edition. First published in Italian in 1936, this is a collection of maxims, anecdotes and observations on the nature of law and justice by a professor of legal procedure at the University of Florence. Some chapters are: On the Faith of Judges, The Prime Requisite of Lawyers; On Etiquette (Or Discretion) in The Court; On the Relationship Between the Lawyer and the Truth, or on the Necessary Partisanship of the Lawyer. With a new preface by Jacob A. Stein, prominent Washington D.C. trial lawyer and author of Legal Spectator & More (2003) and other titles.
The Nature And Authority Of Precedent
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Author : Neil Duxbury
language : en
Publisher:
Release Date : 2008
The Nature And Authority Of Precedent written by Neil Duxbury and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Judicial process categories.
Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not 'bind' judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.
Constitutional Courts And Democratic Values
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Author : Víctor Ferreres Comella
language : en
Publisher: Yale University Press
Release Date : 2009-12-01
Constitutional Courts And Democratic Values written by Víctor Ferreres Comella and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-01 with Law categories.
Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.
Running For Judge
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Author : Matthew J. Streb
language : en
Publisher: NYU Press
Release Date : 2009-07
Running For Judge written by Matthew J. Streb and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07 with Law categories.
"This outstanding collection of essays provides new insight into one of the most important features of the American judicial system. Matthew J. Streb has assembled a first-rate set of contributors who offer a fascinating exploration of the institutions, incentives, and democratic consequences of electing judges."--Kevin T. McGuire, author of Understanding the U.S. Supreme Court "A timely and important addition to the literature on state courts and judicial politics by a stellar team of contributors. New research is presented on a range of issues that will interest scholars and students not only of courts but state politics more generally."--David M. O'Brien, author of Storm Center: The Supreme Court in American PoliticsAcross the country, races for judgeships are becoming more and more politically contested. As a result, several states and cities are now considering judicial election reform. Running for Judge examines the increasingly contentious judicial elections over the last twenty-five years by providing a timely, insightful analysis of judicial elections. The book ties together the current state of the judicial elections literature, and presents new evidence on a wide range of important topics, including: the history of judicial elections; an understanding of the types of judicial elections; electoral competition during races; the increasing importance of campaign financing; voting in judicial elections; the role interest groups play in supporting candidates; party organizing in supposedly non-partisan elections; judicial accountability; media coverage; and judicial reform of elections.Running for Judge is an engaging, accessible, empirical analysis of the major issues surroundingjudicial elections, with contributions from prominent scholars in the fields of ju
The Canadian Contribution To A Comparative Law Of Secession
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Author : Giacomo Delledonne
language : en
Publisher: Springer
Release Date : 2018-12-11
The Canadian Contribution To A Comparative Law Of Secession written by Giacomo Delledonne and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-11 with Political Science categories.
This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.
The Court And The World
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Author : Stephen Breyer
language : en
Publisher: Vintage
Release Date : 2015-09-15
The Court And The World 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 2015-09-15 with Law categories.
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
New Directions In European Public Law
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Author : Jack Beatson
language : en
Publisher: Hart Publishing
Release Date : 1998
New Directions In European Public Law written by Jack Beatson and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
From two symposia in the winter and spring of 1997 at Cambridge, England, 13 essays analyze a cluster of issues arising in the European Union public law arena. Some deal with issues of liability and the availability of remedies in European and domestic law. Others take a broader view, looking at the phenomenon of cross-fertilization among national legal systems and between national systems and European Union law. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Administrative Law In Europe
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Author : Dornburg Research Group on New Administrative Law. Workshop
language : en
Publisher:
Release Date : 2013
Administrative Law In Europe written by Dornburg Research Group on New Administrative Law. Workshop and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Administrative law categories.
This volume comprises the results of the fourth workshop of the Dornburg Research Group of New Administrative Law. The group scrutinized the relationship between national traditions and the evolution of common principles of European administrative law.
Themes In Comparative Law
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Author : Peter Birks
language : en
Publisher:
Release Date : 2002
Themes In Comparative Law written by Peter Birks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Comparative law categories.
Compiled in honour of Bernard Rudden, this is a book of essays in comparative law centering on the contribution which comparative analysis can make to the core subjects of private law, namely property and obligations. The essays are contributed by leading academics from all over the world, allof whom owe an intellectual debt to the honorand.