The Passive Judiciary
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The Passive Judiciary
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Author : Abraham S. Goldstein
language : en
Publisher:
Release Date : 1981
The Passive Judiciary written by Abraham S. Goldstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Pleas of guilty categories.
Europe S Passive Virtues
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Author : Jan Zglinski
language : en
Publisher: Oxford University Press
Release Date : 2020-05-22
Europe S Passive Virtues written by Jan Zglinski 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 2020-05-22 with Law categories.
The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.
Judicial Activism
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Author : Luís Pereira Coutinho
language : en
Publisher: Springer
Release Date : 2015-05-26
Judicial Activism written by Luís Pereira Coutinho and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-26 with Law categories.
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
The Judicial Process
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Author : Christopher P. Banks
language : en
Publisher: CQ Press
Release Date : 2015-02-19
The Judicial Process written by Christopher P. Banks and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-19 with Political Science categories.
The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, "Contemporary Controversies over Courts" and "In Comparative Perspective," the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the "hardball politics" of judicial selection, plea bargaining trends, the right to counsel and "pay as you go" justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
United States Code Title 21 Food And Drugs To Title 28 Judiciary And Judicial Procedure
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Author : United States
language : en
Publisher:
Release Date : 1993
United States Code Title 21 Food And Drugs To Title 28 Judiciary And Judicial Procedure written by United States and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Departments Of Commerce Justice And State The Judiciary And Related Agencies Appropriations For 1990
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Author : United States. Congress. House. Committee on Appropriations. Subcommittee on the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
language : en
Publisher:
Release Date : 1989
Departments Of Commerce Justice And State The Judiciary And Related Agencies Appropriations For 1990 written by United States. Congress. House. Committee on Appropriations. Subcommittee on the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Budget categories.
Constitutional Statecraft In Asian Courts
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Author : Yvonne Tew
language : en
Publisher: Oxford University Press
Release Date : 2021-07-23
Constitutional Statecraft In Asian Courts written by Yvonne Tew 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 2021-07-23 with Law categories.
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
State Of The Judiciary And Access To Justice
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
language : en
Publisher:
Release Date : 1977
State Of The Judiciary And Access To Justice written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Courts categories.
Judicial Politics In The United States
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Author : Mark C. Miller
language : en
Publisher: Routledge
Release Date : 2018-09-03
Judicial Politics In The United States written by Mark C. Miller and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-03 with Political Science categories.
Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
Evolution Of The Judicial Opinion
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Author : William D. Popkin
language : en
Publisher: NYU Press
Release Date : 2007-10
Evolution Of The Judicial Opinion written by William D. Popkin and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10 with Law categories.
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