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Author | : Mauro Cappelletti |
Publisher | : Oxford University Press, USA |
Total Pages | : 464 |
Release | : 1989 |
Genre | : Business & Economics |
ISBN | : |
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This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.
Author | : Mauro Cappelletti |
Publisher | : |
Total Pages | : 417 |
Release | : 1991 |
Genre | : |
ISBN | : |
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Author | : David M. Beatty |
Publisher | : BRILL |
Total Pages | : 374 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004479406 |
Download Human Rights and Judicial Review: A Comparative Perspective Book in PDF, ePub and Kindle
Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.
Author | : Christopher P. Banks |
Publisher | : CQ Press |
Total Pages | : 401 |
Release | : 2015-02-19 |
Genre | : Political Science |
ISBN | : 1483317005 |
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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.
Author | : Herbert Jacob |
Publisher | : Yale University Press |
Total Pages | : 420 |
Release | : 1996-01-01 |
Genre | : Law |
ISBN | : 9780300063790 |
Download Courts, Law, and Politics in Comparative Perspective Book in PDF, ePub and Kindle
This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.
Author | : Birke Häcker |
Publisher | : |
Total Pages | : 0 |
Release | : 2020 |
Genre | : Court administration |
ISBN | : 9781780686240 |
Download Collective Judging in Comparative Perspective Book in PDF, ePub and Kindle
This book focuses on the decision-making processes in modern collegiate courts. Judges from some of the world s highest and most significant judicial bodies, both national and supranational, share their experiences and reflect on the challenges to which their joint judicial endeavour gives rise.
Author | : Samar El-Masri |
Publisher | : Springer Nature |
Total Pages | : 244 |
Release | : 2020-01-17 |
Genre | : Political Science |
ISBN | : 3030349179 |
Download Transitional Justice in Comparative Perspective Book in PDF, ePub and Kindle
What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.
Author | : Guobin Zhu |
Publisher | : Springer Nature |
Total Pages | : 445 |
Release | : 2019-11-23 |
Genre | : Law |
ISBN | : 3030315398 |
Download Deference to the Administration in Judicial Review Book in PDF, ePub and Kindle
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Author | : H. P. Lee |
Publisher | : Cambridge University Press |
Total Pages | : 625 |
Release | : 2011-08-11 |
Genre | : Law |
ISBN | : 1139499866 |
Download Judiciaries in Comparative Perspective Book in PDF, ePub and Kindle
An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
Author | : Günther Doeker-Mach |
Publisher | : Franz Steiner Verlag |
Total Pages | : 448 |
Release | : 2004 |
Genre | : Philosophy |
ISBN | : 9783515085601 |
Download Law and Legal Culture in Comparative Perspective Book in PDF, ePub and Kindle
Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.