The Supreme Court and the Judicial Function PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Supreme Court and the Judicial Function PDF full book. Access full book title The Supreme Court and the Judicial Function by Philip B. Kurland. Download full books in PDF and EPUB format.

Uncategorized

Worth A Thousand Words

The Supreme Court and the Judicial Function PDF Author: Philip B. Kurland
Publisher: University of Chicago Press
ISBN: 9780226464015
Category : Law
Languages : en
Pages : 304

Get Book

Book Description
The papers in this collection are drawn from the annual The Supreme Court Review, which, since its inception in 1960, has been regarded by such legal scholars as Robert F. Drinnan, S. J., as "An indispensable, universally quoted work of the highest scholarship regarding the world's most influential tribunal." Now some of the most important contributions to the Review have been brought together in paperback editions that focus on issues that are becoming increasingly relevant to the ordinary citizen's daily life.

The Supreme Court and the Judicial Function

The Supreme Court and the Judicial Function PDF Author: Philip B. Kurland
Publisher: University of Chicago Press
ISBN: 9780226464015
Category : Law
Languages : en
Pages : 304

View

Book Description
The papers in this collection are drawn from the annual The Supreme Court Review, which, since its inception in 1960, has been regarded by such legal scholars as Robert F. Drinnan, S. J., as "An indispensable, universally quoted work of the highest scholarship regarding the world's most influential tribunal." Now some of the most important contributions to the Review have been brought together in paperback editions that focus on issues that are becoming increasingly relevant to the ordinary citizen's daily life.

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

View

Book Description


The Judicial Function

The Judicial Function PDF Author: Joe McIntyre
Publisher: Springer Nature
ISBN: 981329115X
Category : Law
Languages : en
Pages : 304

View

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.

The International Court of Justice and the Judicial Function

The International Court of Justice and the Judicial Function PDF Author: Gleider I Hernández
Publisher: OUP Oxford
ISBN: 0191502553
Category : Law
Languages : en
Pages : 368

View

Book Description
This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

The Culture of Judicial Independence

The Culture of Judicial Independence PDF Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188339
Category : Political Science
Languages : en
Pages : 690

View

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.

Customary Law

Customary Law PDF Author: South African Law Reform Commission
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 76

View

Book Description
The administration of justice in rural South Africa is predominantly carried out by chiefs{146} courts, which administer justice largely on the basis of customary law. The operation of these courts is governed by a number of statutes, both of the old South Africa1 and of the former homelands and self-governing territories. This report recomments that customary courts be established by the Minister of Justice and that they should have full powers of hearing and determining cases in both criminal and civil matters subject to certain limitations prescribed in the draft Bill.

Constitutional Law

Constitutional Law PDF Author: Harvard Law Review
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 558

View

Book Description


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 : 369

View

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.

Turkey: the Judicial System in Peril

Turkey: the Judicial System in Peril PDF Author: International Commission of Jurists (1952- )
Publisher:
ISBN: 9789290372394
Category : Human rights
Languages : en
Pages : 23

View

Book Description
"In a briefing paper issued today, the ICJ raises concerns at measures eroding the independence of the judiciary, prosecution, and legal profession in Turkey, with serious consequences for protection of human rights. The briefing paper Turkey: the Judicial System in Peril follows a research mission by the ICJ in December 2015. It analyses developments in law and practice that have affected the independence of both the governing institutions of the judiciary and prosecution, and the security of tenure and independence of individual judges in practice. In particular: the independence of the High Council for Judges and Prosecutors (HSYK), the governing body of the judiciary, from executive influence has been substantially diminished; punitive measures against judges who act contrary to the putative interests of the executive have chilled the climate for independent exercise of the judicial function; prosecutions and dismissals of prosecutors, apparently related to their decisions in sensitive cases, have a damaging effect on autonomous decision making in the prosecution service; and attacks on and threats to lawyers, in particular those engaged in the defence of human rights, have further compounded the problems in the justice system. The briefing paper makes recommendations for action to address these developments. It urges the executive and legislative authorities to refrain from all actions and rhetoric contrary to the separation of powers, and emphasises the need to protect the safety of lawyers and other human rights defenders, and to undertake a prompt, thorough and independent investigation into the killing of the President of the Diyarbakir Bar Association, Tahir Elçi."--

Judges and Unjust Laws

Judges and Unjust Laws PDF Author: Douglas E. Edlin
Publisher: University of Michigan Press
ISBN: 0472034154
Category : Law
Languages : en
Pages : 336

View

Book Description
Are judges legally obligated to enforce an unjust law?