Supreme Courts And Judicial Law Making
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Supreme Courts And Judicial Law Making
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Author : Edward McWhinney
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1986
Supreme Courts And Judicial Law Making written by Edward McWhinney 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 1986 with Law categories.
This book gives a broad understanding of the Belgian Constitutional History including a General Introduction, the Sources of Constitutional Law, its Form of Government, The State & its Subdivisions, Citizenship & its Administration of Justice & Specific Problems. Added features of this publication include a list of abbreviations, an extensive glossary, maps, & charts. This book is an offprint of the International Encyclopaedia of Laws: Constitutional Law .
Commitment And Cooperation On High Courts
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Author : Benjamin Alarie
language : en
Publisher: Oxford University Press
Release Date : 2017-07-25
Commitment And Cooperation On High Courts written by Benjamin Alarie 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 2017-07-25 with Law categories.
Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Legal Innovations In Asia
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Author : John O. Haley
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-10-31
Legal Innovations In Asia written by John O. Haley 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 2014-10-31 with Law categories.
Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intelle
How Many Judges Does It Take To Make A Supreme Court
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Author : John V. Orth
language : en
Publisher:
Release Date : 2006
How Many Judges Does It Take To Make A Supreme Court written by John V. Orth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Through six accessible essays, the author invites students of the law to look beyond accepted American legal practices. One learns why appellate courts always have an odd number of judges, why the power of judges depends partly on accurate court reporting and unitary, "opinions of the court," how common law rules can be unconstitutional, and many other pressing legal issues.
Contemporary Constitutional Lawmaking
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Author : Lief H. Carter
language : en
Publisher: Pergamon
Release Date : 1985
Contemporary Constitutional Lawmaking written by Lief H. Carter and has been published by Pergamon this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
Judicial Behaviour And Decision Making Of The Supreme Court Of India
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Author : Manas Chakrabarty
language : en
Publisher:
Release Date : 2000
Judicial Behaviour And Decision Making Of The Supreme Court Of India written by Manas Chakrabarty and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Constitutional courts categories.
Creating The Law
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Author : Michael K. Romano
language : en
Publisher: Routledge
Release Date : 2019-08-30
Creating The Law written by Michael K. Romano and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-30 with Political Science categories.
Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.
Extending Rights Reach
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Author : Jud Mathews
language : en
Publisher: Oxford University Press
Release Date : 2018-03-13
Extending Rights Reach written by Jud Mathews 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 2018-03-13 with Law categories.
Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.
Judges On Judging
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Author : David M. O'Brien
language : en
Publisher: CQ Press
Release Date : 2016-05-20
Judges On Judging written by David M. O'Brien and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-20 with Political Science categories.
Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.
Some Reflections On The Reading Of Statutes
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Author : Felix Frankfurter
language : en
Publisher:
Release Date : 1947
Some Reflections On The Reading Of Statutes written by Felix Frankfurter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1947 with Law categories.