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Worth A Thousand Words

The Judicial Function PDF Author: Joe McIntyre
Publisher: Springer Nature
ISBN: 981329115X
Category : Law
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.

The Judicial Function

The Judicial Function PDF Author: Joe McIntyre
Publisher: Springer Nature
ISBN: 981329115X
Category : Law
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.

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.

Judicial Function in Constitutional Limitation of Governmental Power

Judicial Function in Constitutional Limitation of Governmental Power PDF Author: Frank R. Strong
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 178

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Book Description
Strong identifies two concepts that have evolved for effectuation of limitation: indirect limitations (in which the defining feature is one of checks and balances) and direct limitations (which has its origins in the conviction that there exists a higher law forbidding abuse of mortal power). The Constitution of 1787 was saturated with indirect limitations, primarily separation of powers in the new federal government and federalism for divided authority between it and the States. The designed function for the Judiciary was to review this fractionation for distortions of it; friction would indirectly reduce thrusts of arbitrary behavior. Judicial Review involved no authority to determine constitutionality. The Bill of Rights of 1791 introduced several direct limitations, mostly procedural. The major substantive provisions were those of the First Amendment and Due Process of the Fifth. Chief Justice John Marshall asserted that the Supreme Court possessed authority to determine, with finality, all portions of the Constitution. Although effectively refuted, the usurpation prevailed and Constitutional Review has been tolerated. The record of the Court's exercise of this function is poor. Especially with direct substantive limitations there have been inexcusable misrepresentations of major guarantees. Some may be attributed to ignorance of constitutional history, but in this century there is growing evidence of intent to disregard that history as irrelevant for today. Thus arises the threat of an Imperial Judiciary, an arrogant and dangerous affront to the design of the Founders for government by consent of the governed. Strong urges major revisions in the Judicial Branch. He proposes two Supreme Courts - one for Judicial Review, the other for Constitutional Review - in response to the differing functions of review. Jurists of the latter would serve for a term of years and their power to determine constitutionality would be reduced to that of Advisory Review where, by genuine interpretation, the Constitution is silent. Amendment would be only by Article V.

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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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 : 296

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Book Description


Argentine Constitutional Law

Argentine Constitutional Law PDF Author: Santos Primo Amadeo
Publisher:
ISBN:
Category : Argentina
Languages : en
Pages : 243

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Book Description
A study of the constitutional law and system of Argentina, with special reference to the role of the judicial department in maintaining the federal system and protecting individual rights. Examines the similarities and differences between the constitutional law of the United States and Argentina.

The Supreme Court and the Judicial Function

The Supreme Court and the Judicial Function PDF Author: Philip B. Kurland
Publisher:
ISBN:
Category :
Languages : en
Pages : 287

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The Judicial Function

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

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Writings (Juridical and Otherwise) on the Judicial Function

Writings (Juridical and Otherwise) on the Judicial Function PDF Author: Joseph Chappell Hutcheson
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 698

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Book Description


The Supreme Court and the Judicial Function

The Supreme Court and the Judicial Function PDF Author: Philip B. Kurland
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 287

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Book Description