The Remaking Of The Courts
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The Remaking Of The Courts
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Author : Sarah Louise Murray
language : en
Publisher:
Release Date : 2014
The Remaking Of The Courts written by Sarah Louise Murray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Constitutional law categories.
The Remaking of the Courts: Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia centres on the changing nature of courts within the Australian constitutional context. In essence, the monograph explores the degree to which less-adversarial innovations and the remodelling of the judicial role can be accommodated within Australia's constitutional framework.The work draws upon comparative principles, separation of powers, jurisprudence and the theoretical perspectives of constitutionalism and neo-institutionalism. By examining Chapter III of the Commonwealth Constitution, and applying Chapter III approaches to less-adversarial case-studies traversing state and federal fields, the book argues that less-adversarial judicial practices can be broadly accommodated by the Australian constitutional framework. However, the book asserts that the clarity and suitability of the Chapter III constitutional approaches employed would be significantly improved by the adoption of a 'contextual incompatibility' methodology which would protect the constitutional role of the courts while not forestalling constitutionally compatible reform.
Learning To Rule
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Author : Daniel Barish
language : en
Publisher: Columbia University Press
Release Date : 2022-02-08
Learning To Rule written by Daniel Barish and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-08 with History categories.
In the second half of the nineteenth century, local leaders around the Qing empire attempted to rebuild in the aftermath of domestic rebellion and imperialist aggression. At the same time, the enthronement of a series of children brought the question of reconstruction into the heart of the capital. Chinese scholars, Manchu and Mongolian officials, and writers in the press all competed to have their ideas included in the education of young rulers. Each group hoped to use the power of the emperor—both his functional role within the bureaucracy and his symbolic role as an exemplar for the people—to promote reform. Daniel Barish explores debates surrounding the education of the final three Qing emperors, showing how imperial curricula became proxy battles for divergent visions of how to restabilize the country. He sheds light on the efforts of rival figures, who drew on China’s dynastic history, Manchu traditions, and the statecraft tools of imperial powers as they sought to remake the state. Barish traces how court education reflected arguments over the introduction of Western learning, the fate of the Manchu Way, the place of women in society, notions of constitutionalism, and emergent conceptions of national identity. He emphasizes how changing ideas of education intersected with a push for a renewed imperial center and national unity, helping create a model of rulership for postimperial regimes. Through the lens of the education of young emperors, Learning to Rule develops a new understanding of the late Qing era and the relationship between the monarchy and the nation in modern China.
Enforcing Freedom
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Author : Kerwin Kaye
language : en
Publisher: Columbia University Press
Release Date : 2019-12-17
Enforcing Freedom written by Kerwin Kaye and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-17 with Social Science categories.
In 1989, the first drug-treatment court was established in Florida, inaugurating an era of state-supervised rehabilitation. Such courts have frequently been seen as a humane alternative to incarceration and the war on drugs. Enforcing Freedom offers an ethnographic account of drug courts and mandatory treatment centers as a system of coercion, demonstrating how the state uses notions of rehabilitation as a means of social regulation. Situating drug courts in a long line of state projects of race and class control, Kerwin Kaye details the ways in which the violence of the state is framed as beneficial for those subjected to it. He explores how courts decide whether to release or incarcerate participants using nominally colorblind criteria that draw on racialized imagery. Rehabilitation is defined as preparation for low-wage labor and the destruction of community ties with “bad influences,” a process that turns participants against one another. At the same time, Kaye points toward the complex ways in which participants negotiate state control in relation to other forms of constraint in their lives, sometimes embracing the state’s salutary violence as a means of countering their impoverishment. Simultaneously sensitive to ethnographic detail and theoretical implications, Enforcing Freedom offers a critical perspective on the punitive side of criminal-justice reform and points toward alternative paths forward.
Lawyers Beyond Borders
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Author : Maria Armoudian
language : en
Publisher: University of Michigan Press
Release Date : 2021-09-07
Lawyers Beyond Borders written by Maria Armoudian 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 2021-09-07 with Law categories.
Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.
Nixon S Court
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Author : Kevin J. McMahon
language : en
Publisher: University of Chicago Press
Release Date : 2011-09-19
Nixon S Court written by Kevin J. McMahon and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-19 with Political Science categories.
Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.
Global Banks On Trial
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Author : Pierre-Hugues Verdier
language : en
Publisher: Oxford University Press
Release Date : 2020-02-14
Global Banks On Trial written by Pierre-Hugues Verdier 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 2020-02-14 with Law categories.
In the years since the 2008 financial crisis, U.S. federal prosecutors have brought dozens of criminal cases against the world's most powerful banks, charging them with manipulating financial indices, helping their customers evade taxes, evading sanctions, and laundering money. To settle these cases, global banks like UBS, Barclays, HSBC and BNP Paribas paid tens of billions of dollars in fines. They also agreed to extensive reforms, hiring hundreds of compliance officers, spending billions on new systems, and installing independent monitors. In effect, they agreed to become worldwide enforcers of U.S. law, including financial sanctions-sometimes despite their own governments' protests. This book examines the U.S. enforcement campaign against global banks across four areas: benchmark manipulation, tax evasion, sanctions violations, and sovereign debt. It shows that U.S. prosecutors have unilaterally carved out a new role as global bank regulators, heralding a fundamental shift in how international finance is overseen. Their ability to do so stems from U.S. control over access to vital hubs of the international financial system. In some areas, unilateral U.S. actions have ushered in important multilateral reforms, such as the rise of automatic tax information exchange and better-regulated financial indices. In other areas, such as financial sanctions, unilateralism has attracted protests from other states and spurred attempts to challenge U.S. dominance of international finance.
The Power Of The European Court Of Justice
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Author : Susanne K. Schmidt
language : en
Publisher: Routledge
Release Date : 2014-06-11
The Power Of The European Court Of Justice written by Susanne K. Schmidt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-11 with Political Science categories.
The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.
Courting Conflict
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Author : Lisa Hajjar
language : en
Publisher: Univ of California Press
Release Date : 2005-01-31
Courting Conflict written by Lisa Hajjar and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-31 with History categories.
Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.
The Remaking Of France
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Author : Michael P. Fitzsimmons
language : en
Publisher: Cambridge University Press
Release Date : 1994
The Remaking Of France written by Michael P. Fitzsimmons 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 1994 with History categories.
This 1994 book examines the National Assembly's restructuring of the French state between 1789 and 1791.
The Supreme Court Phalanx
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Author : Ronald Dworkin
language : en
Publisher: New York Review of Books
Release Date : 2008
The Supreme Court Phalanx written by Ronald Dworkin and has been published by New York Review of Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Abortion categories.
"A New York Review Books collection"--Cover.