Legislators Judges And Professors
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Judges Legislators And Professors
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Author : R. C. van Caenegem
language : en
Publisher: Cambridge University Press
Release Date : 1987
Judges Legislators And Professors written by R. C. van Caenegem 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 1987 with Law categories.
In Judges, legislators and professors one of the world's foremost legal historians shows how and why continental and common law have come to diverge so sharply. Using ten specific examples he investigates the development of European law, not as the manifestation of certain ideological and intellectual trends, but as largely the result of power struggles between the judiciary, the legislators, and legal scholars, each representing certain political and social ambitions. Now available in paperback, Judges, legislators and professors provides an historical introduction to continental law which is readily accessible to readers familiar with the common law tradition and vice-versa.
Judges Legislators And Professors Chapters In European Legal History
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Author : Raoul Charles Van Caenegem
language : en
Publisher:
Release Date : 1993
Judges Legislators And Professors Chapters In European Legal History written by Raoul Charles Van Caenegem and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with categories.
Legislators Judges And Professors
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Author : Jürgen Basedow
language : en
Publisher:
Release Date : 2016
Legislators Judges And Professors written by Jürgen Basedow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Comparative law categories.
Judges And Unjust Laws
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Author : Douglas E. Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2010-07-22
Judges And Unjust Laws written by Douglas E. Edlin and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-22 with Law categories.
Are judges legally obligated to enforce an unjust law?
The Constitutional Balance
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Author : John Laws
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-28
The Constitutional Balance written by John Laws and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-28 with Law categories.
In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
How Judges Think
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2010-05-01
How Judges Think written by Richard A. Posner 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 2010-05-01 with Law categories.
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Misreading Law Misreading Democracy
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Author : Victoria Nourse
language : en
Publisher: Harvard University Press
Release Date : 2016-09-26
Misreading Law Misreading Democracy written by Victoria Nourse 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 2016-09-26 with Law categories.
American law schools extol democracy but teach little about its most basic institution, the Congress. Interpreting statutes is lawyers’ most basic task, but law professors rarely focus on how statutes are made. This misguided pedagogy, says Victoria Nourse, undercuts the core of legal practice. It may even threaten the continued functioning of American democracy, as contempt for the legislature becomes entrenched in legal education and judicial opinions. Misreading Law, Misreading Democracy turns a spotlight on lawyers’ and judges’ pervasive ignorance about how Congress makes law. Victoria Nourse not only offers a critique but proposes reforming the way lawyers learn how to interpret statutes by teaching legislative process. Statutes are legislative decisions, just as judicial opinions are decisions. Her approach, legislative decision theory, reverse-engineers the legislative process to simplify the task of finding Congress’s meanings when statutes are ambiguous. This theory revolutionizes how we understand legislative history—not as an attempt to produce some vague notion of legislative intent but as a surgical strike for the best evidence of democratic context. Countering the academic view that the legislative process is irrational and unseemly, Nourse makes a forceful argument that lawyers must be educated about the basic procedures that define how Congress operates today. Lawmaking is a sequential process with political winners and losers. If lawyers and judges do not understand this, they may well embrace the meanings of those who opposed legislation rather than those who supported it, making legislative losers into judicial winners, and standing democracy on its head.
Courts And Congress
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Author : Robert A. Katzmann
language : en
Publisher: Brookings Institution Press
Release Date : 2010-12-01
Courts And Congress written by Robert A. Katzmann and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-01 with Law categories.
What role should the Senate play in the selection and confirmation of judges? What criteria are appropriate in evaluating nominees? What kinds of questions and answers are appropriate in confirmation hearings? How do judges interpret laws enacted by Congress, and what problems do they face? And what kinds of communications are proper between judges and legislators? These questions go to the heart of the relationship between the federal judiciary and Congress—a relationship that critically shapes the administration of justice. The judiciary needs an environment respectful of its mission; and the legislative branch seeks a judicial system that faithfully construes its laws and efficiently discharges justice. But the judicial-congressional relationship is hindered by an array of issues, including an ever-rising judicial caseload, federalization of the law, resource constraints, concerns about the confirmation process, increasing legislative scrutiny of judicial decisionmaking and the administration of justice, and debates about how the courts should interpret legislation. Drawing on the world of scholarship and from personal experience, Robert A. Katzmann examines governance in judicial-congressional relations. After identifying problems, he offers ways to improve understanding between the two branches. Copublished with the Governance Institute
Judges And Legislators
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Author : Robert A. Katzmann
language : en
Publisher: Brookings Institution Press
Release Date : 2010-12-01
Judges And Legislators written by Robert A. Katzmann and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-01 with Political Science categories.
"The Judiciary and Congress not only do not communicate on their most basic concerns; they do not know how they may properly do so," writes Frank M. Coffin, a federal appeals court judge and former representative, in Judges and Legislators. "The condition is that of a chronic, debilitating fever." Though the Senate lavishes it's attention from time to time on particular judicial nominees, Congress remains largely oblivious of the wellbeing of the federal judiciary as an institution. And the judiciary seems often unaware of the critical nuances of the legislative process. This state of affairs has had an adverse effect not only on relations between the two branches, but also on public policy more generally. Some forty-five people—including a Supreme Court justice, federal and state court judges, legislators and legislative staffers, scholars, and members of the private bar—gathered for a series of discussion to identify fundamental issues affecting judicial-congressional relations. The articles published in this volume are an outgrowth of those discussions.
Judging Statutes
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Author : Robert A. Katzmann
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Judging Statutes written by Robert A. Katzmann 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 2014 with Law categories.
Drawing upon his background in law, government and political science, U.S. Second Circuit Chief Judge Robert A. Katzmann contends that Congress's work product - including sources beyond the text - must inform courts' interpretation of statutes.
