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Worth A Thousand Words

Political Questions in the Courts PDF Author: Yaacov S. Zemach
Publisher: Detroit : Wayne State University Press
ISBN:
Category : Constitutional law
Languages : en
Pages : 314

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Political Questions in the Courts

Political Questions in the Courts PDF Author: Yaacov S. Zemach
Publisher: Detroit : Wayne State University Press
ISBN:
Category : Constitutional law
Languages : en
Pages : 314

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Book Description


The Operation of the Judicial Function in English Law

The Operation of the Judicial Function in English Law PDF Author: Heinrich Balthassar Gerland
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 22

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The International Court of Justice and the Judicial Function

The International Court of Justice and the Judicial Function PDF Author: Gleider Hernandez
Publisher: Oxford University Press
ISBN: 0199646635
Category : Law
Languages : en
Pages : 330

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Book Description
The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.

The Judicial Function

The Judicial Function PDF Author: Robert J. Prettyman
Publisher:
ISBN:
Category : Judicial power
Languages : en
Pages : 162

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The Judicial Function

The Judicial Function PDF Author: Joe McIntyre
Publisher:
ISBN: 9789813291164
Category : Judges
Languages : en
Pages : 302

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Book Description
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role - and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.

Special Problems in the Judicial Function

Special Problems in the Judicial Function PDF Author: Ernst John Watts
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 267

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The judicial function and the rule of law in international relations

The judicial function and the rule of law in international relations PDF Author: Sir Robert Yewdall Jennings
Publisher:
ISBN:
Category :
Languages : en
Pages :

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The Preservation of the Judicial Function

The Preservation of the Judicial Function PDF Author:
Publisher:
ISBN:
Category : Administrative procedure
Languages : en
Pages : 8

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The Culture of Judicial Independence

The Culture of Judicial Independence PDF Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004215859
Category : Law
Languages : en
Pages : 692

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Book Description
This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.

Judges and Unjust Laws

Judges and Unjust Laws PDF Author: Douglas E. Edlin
Publisher: University of Michigan Press
ISBN: 0472116622
Category : Law
Languages : en
Pages : 321

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Book Description
"With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageous laws, and a legal obligation on them to overturn it, consequent on the general common law obligation to develop the law. Thus, seriously unjust laws pose for common law judges a dilemma within the law, not just a moral challenge to the law, a conflict of obligations, not just a crisis of conscience. While rooted firmly in the history of common law jurisprudence, Edlin offers an entirely fresh perspective on an age-old jurisprudential conundrum. Edlin's case for his thesis is compelling." ---Gerald J. Postema, Cary C. Boshamer Professor of Philosophy and Professor of Law, University of North Carolina at Chapel Hill, and author of Bentham and the Common Law Tradition "Douglas Edlin builds a powerful historical, conceptual, and moral case for the proposition that judges on common law grounds should refuse to enforce unjust legislation. This is sure to be controversial in an age in which critics already excoriate judges for excessive activism when conducting constitutional judicial review. Edlin's challenge to conventional views is bold and compelling." ---Brian Z. Tamanaha, Chief Judge Benjamin N. Cardozo Professor of Law, St. John's University, and author of Law as a Means to an End: Threat to the Rule of Law "Professor Edlin's fascinating and well-researched distinction between constitutional review and common law review should influence substantially both scholarship on the history of judicial power in the United States and contemporary jurisprudential debates on the appropriate use of that power." ---Mark Graber, Professor of Law and Government, University of Maryland, and author of Dred Scott and the Problem of Constitutional Evil Is a judge legally obligated to enforce an unjust law? In Judges and Unjust Laws, Douglas E. Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority---perhaps even the obligation---to refuse to enforce laws that they determine unjust. As Edlin demonstrates, exploring the problems posed by unjust laws helps to illuminate the institutional role and responsibilities of common law judges. Douglas E. Edlin is Associate Professor of Political Science at Dickinson College.