The Power of Judges

This text argues that certain elements affect the political significance of judicial decisions: Firstly, the status of judges; secondly, the organization of the judicial system including such things as the existence of judicial review of ...

The Power of Judges

Author: Carlo Guarnieri

Publisher: Oxford University Press on Demand

ISBN: 9780198298359

Page: 235

View: 249

This text argues that certain elements affect the political significance of judicial decisions: Firstly, the status of judges; secondly, the organization of the judicial system including such things as the existence of judicial review of legislation and the structure of trials.

The Power of Judges

Given that many of these issues span national borders, the book also compares the United Kingdom’s legal system with its counterparts in the United States and Germany.

The Power of Judges

Author: David Neuberger

Publisher: Haus Publishing

ISBN: 1912208245

Page: 90

View: 807

To the vast majority of the English public, the role of the United Kingdom’s Supreme Court has often been distant and incomprehensible, its judges a caste apart from society. The Power of Judges ends this mystery, exploring the fundamental concept of justice and explaining the main functions of the courts, the challenges they face, and the complexity of the judicial system. In this lucid account of the judiciary, David Neuberger and Peter Riddell lead us through an array of topics both philosophical and logistical, including the relationships between morality and law and between Parliament and the judiciary. They explain the effects of cuts in legal aid and shed light on complex and controversial subjects like assisted dying and the complexities of combating mass terrorism while protecting personal liberty. Given that many of these issues span national borders, the book also compares the United Kingdom’s legal system with its counterparts in the United States and Germany. Full of insights, The Power of Judges is an informative and accessible account of the United Kingdom’s judicial system, its contribution to running the country, and the challenges it faces—including the many threats to its effectiveness.

Judiciary and the power of judges in Slovakia

In doing so, thejudge has to tune in on the mentality of creation of the legal rule.
This interestingfact has created the concept of the so-called clauses of the
decision or case law. These clauses or case law become precedents in our
conditions.

Judiciary and the power of judges in Slovakia

Author:

Publisher: EUROKÓDEX

ISBN: 8089447554

Page: 168

View: 925

Appointing Judges in an Age of Judicial Power

The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.

Appointing Judges in an Age of Judicial Power

Author: Peter H. Russell

Publisher: University of Toronto Press

ISBN: 0802093817

Page: 473

View: 801

The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.

Battered Women in the Courtroom

For the first time, a study of the ways in which judges respond to abused women.

Battered Women in the Courtroom

Author: James Ptacek

Publisher: UPNE

ISBN: 9781555533915

Page: 240

View: 639

For the first time, a study of the ways in which judges respond to abused women.

The English Judges

of. Powers: The. Judges. as. a. Separate. Branch. of. Government? A. S OF 1997,
one could have said categorically that in England the judges were not a separate
or co-equal branch of government. While the assertion is frequently made that ...

The English Judges

Author: Robert Stevens

Publisher: Hart Publishing

ISBN: 1841134953

Page: 209

View: 935

Robert Stevens examines the political influences on the English judiciary and the influence the judiciary has had on politics during the 20th-century to ascertain what needs to be done to maintain its effectiveness in the 21st-century.

The Supremacists

Argues that American judges have supreme power over political, social, and economic policy and asserts that this increase in legislative authority poses a threat to American democracy.

The Supremacists

Author: Phyllis Schlafly

Publisher: Richard Vigilante

ISBN: 9781890626655

Page: 244

View: 186

Argues that American judges have supreme power over political, social, and economic policy and asserts that this increase in legislative authority poses a threat to American democracy.

The American Judicial Tradition Profiles of Leading American Judges

Profiles of Leading American Judges G. Edward White John B. Minor Professor of
Law and Cromwell Research Professor of History University of ... They were also
asked to use their power and prestige to preserve local order and tranquility.

The American Judicial Tradition   Profiles of Leading American Judges

Author: G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia

Publisher: Oxford University Press, USA

ISBN: 0199729182

Page: 576

View: 864

Now available in a newly revised and updated second edition, this highly-acclaimed volume presents a series of portraits of the most famous appellate judges in American history from John Marshall to the Burger court. G. Edward White traces the American judicial tradition through sketches of the careers and contributions of such significant judges as John Marshall, Joseph Story, Roger Taney, Stephen Field, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hughes, Felix Frankfurter, Hugo Black, Earl Warren, William Brennan, and Sandra Day O'Connor. This expanded edition contains a new preface, an updated bibliographical note, and two new chapters, one on Justice William O. Douglas and one on the Burger Court.

Freedom of Speech Volume 21 Part 2

... the product of ' judicial review ' , the power of judges to disallow policy choices
made by other officials or institutions of ... and unprecedented power , America's
dubious contribution to the science of government , has made American judges ...

Freedom of Speech  Volume 21  Part 2

Author: Ellen Frankel Paul

Publisher: Cambridge University Press

ISBN: 9780521603751

Page: 439

View: 677

This volume examine the history of free speech doctrine.

Judges Legislators and Professors

Examination of divergence of continental and common law by one of the world's foremost legal historians.

Judges  Legislators and Professors

Author: R. C. Caenegem

Publisher: Cambridge University Press

ISBN: 9780521438179

Page: 205

View: 195

In Judges, legislators and professors one of the world's foremost legal historians shows how and why continental and common law have come to diverge so sharply. Using ten specific examples he investigates the development of European law, not as the manifestation of certain ideological and intellectual trends, but as largely the result of power struggles between the judiciary, the legislators, and legal scholars, each representing certain political and social ambitions. Now available in paperback, Judges, legislators and professors provides an historical introduction to continental law which is readily accessible to readers familiar with the common law tradition and vice-versa.

Judges and Generals in the Making of Modern Egypt

Discusses why and how the Egyptian judiciary was critically important in bringing down two vastly different regimes in three years.

Judges and Generals in the Making of Modern Egypt

Author: Mahmoud Hamad

Publisher: Cambridge University Press

ISBN: 1108425526

Page: 336

View: 865

Discusses why and how the Egyptian judiciary was critically important in bringing down two vastly different regimes in three years.

Judicial Independence

This study discusses the many different aspects of judicial independence in Israel.

Judicial Independence

Author: Shimon Shetreet

Publisher: Martinus Nijhoff Publishers

ISBN: 9789024731824

Page: 700

View: 152

This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.

The Myth of the Imperial Judiciary

place formal limits in the power of the majority. The concept that 'It is not done'
needs to receive the formal expression, 'It is forbidden.'” It would be a distressing
irony if this country were to weaken the protective power of judges just as other ...

The Myth of the Imperial Judiciary

Author: Mark Kozlowski

Publisher: NYU Press

ISBN: 0814749291

Page: 293

View: 695

Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.

Strengthen the Judiciary s Independence in Europe

In this process, the European judiciary is comparable to a snail that is quickly
being passed by the European executive power and is even in danger of being
run over. The judicial power in Europe needs support from all sides. The German
 ...

Strengthen the Judiciary s Independence in Europe

Author: Peter-Alexis Albrecht

Publisher: BWV Verlag

ISBN: 3830524935

Page: 218

View: 612

HauptbeschreibungThe Consultative Council of European Judges at the Council of Europe (CCJE) rightly characterized judicial autonomy, that is, the independence of impartiality of the third state power, as a "structured requirement of a state governed by the rule of law" (cf. position no. 8 from no. 10/2007 in the appendix). To do justice to the principle of the separation of powers as an accomplishment of the European Enlightenment, the autonomy of the third power must be subject to the same basic principles throughout Europe as the European Union draws closer together. Until this happens, it.

Modern Judge

Sir Mark Hadley's aim in this book is to be frank rather than scholarly about judging.

Modern Judge

Author: Mark Hedley

Publisher: Jordan Publishing (GB)

ISBN: 9781784732790

Page: 110

View: 414

Sir Mark Hadley's aim in this book is to be frank rather than scholarly about judging. The trial judge is in a very different position to the appellate judge. The trial is where the facts are determined, and it is essentially a trial judge who exercises the powers of discretion which modern society increasingly vests in its judiciary. As society becomes more complex, so does the law. However, law cannot provide for every circumstance and so its application often involves the exercise of discretion. Criminal sentencing, child welfare, the protection of those who lack mental capacity, and disputes about medical treatment are obvious examples. How do judges go about that? How far are judges influenced or affected by their backgrounds, beliefs, and own life experiences? And, if consistency is an aspect of public justice, can that be achieved? And what about the conflict between public justice and personal privacy? These are pressing questions in a society where judges have greater effective power than ever before. [Subject: Family Law, Judicial History]

Power of Federal Judiciary Over Legislation

He also adverted to the fact that Dr. Robertson in his History of the Reign of
Charles V., which appeared in the year 1769, noted the similarity of the power of
the justiza, the supreme judge of Aragon, to the power of the judiciary in this
country.

Power of Federal Judiciary Over Legislation

Author: J. Hampden Dougherty

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584773634

Page: 138

View: 116

Dougherty, J. Hampden. Power of Federal Judiciary Over Legislation. New York: G.P. Putnam's Sons, 1912. vii, 125 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2003052769. ISBN 1-58477-363-4. Cloth. $80. * "The modern assailants of judicial power will find little comfort in this volume. It consists mainly in a clear and able presentation of convincing evidence that the power of the courts to override laws repugnant to the spirit of the Constitution was directly contemplated by the framers of that instrument. It is apparent that the author has made a careful study of the Federal Convention of 1787 and in the state ratifying conventions that followed. He does not rest his case here, but proceeds with a discussion of other evidence in support of his position...": P.R.B., Yale Law Journal 22:67 cited in Marke, A Catalogue of the Law Collection at New York University 410.

Human Rights Violations in Nepal

The independence of the judiciary is circumscribed by the supreme authority of
the King , the reported interference of government officials in the decisions of
courts , and limits on the power of judges . At the highest level , Supreme Court ...

Human Rights Violations in Nepal

Author:

Publisher: Human Rights Watch

ISBN: 9780929692319

Page: 208

View: 339

Liberty Property and the Future of Constitutional Development

Judicial review is the power of judges to disallow policy choices made by other
officials or institutions of government, ostensibly on the ground that they are
prohibited by the Constitution. Increasingly it has come to be used not merely to ...

Liberty  Property  and the Future of Constitutional Development

Author: Howard Dickman

Publisher: SUNY Press

ISBN: 1438415656

Page: 341

View: 567

This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930’s, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the “double standard.” The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.