Автор: G. Alan Tarr Название: Judicial Process and Judicial Policymaking ISBN: 1138370541 ISBN-13(EAN): 9781138370548 Издательство: Taylor&Francis Цена: 188850 T Наличие на складе: Невозможна поставка. Описание: An excellent introduction to judicial politics, the seventh edition of this classic text focuses on policy in the judicial process. G. Alan Tarr examines the judiciary as the third branch of government and weaves four major premises throughout the text covering the courts` role, policymaking, process and two-way impact, including the Supreme Court.
Автор: Tarr, G. Alan Название: Judicial process and judicial policymaking ISBN: 1032532246 ISBN-13(EAN): 9781032532240 Издательство: Taylor&Francis Рейтинг: Цена: 68390.00 T Наличие на складе: Нет в наличии.
Автор: F.L. Morton, Dave Snow Название: Law, Politics, and the Judicial Process in Canada, 4th Edition ISBN: 1552389901 ISBN-13(EAN): 9781552389904 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 54330.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada.
Автор: Kuc, Oktawian Название: International Court of Justice and Municipal Courts ISBN: 1032006889 ISBN-13(EAN): 9781032006888 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Recent decades have brought international and municipal courts much closer together and induced a meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level.
Автор: Joanna Shepherd, Michael Kang Название: Free to Judge: The Power of Campaign Money in Judicial Elections ISBN: 1503627616 ISBN-13(EAN): 9781503627611 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 23410.00 T Наличие на складе: Нет в наличии. Описание:
The idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it.
One of the barriers to action in the past has been an inability to prove that campaign donations influence state judicial decision-making. In this book, Kang and Shepherd answer that challenge for the first time, with a rigorous empirical study of campaign finance and judicial decision-making data. Pairing this with interviews of past and present judges, they create a compelling and persuasive account of people like Marsha Ternus, the first Iowa state supreme court justice to be voted out of office after an intense her and her decision in a same-sex marriage case. The threat of such an outcome, and the desire to win reelection, results in judges demonstrably leaning towards the interests and preferences of their campaign donors across all cases.
Free to Judge is thus able to identify the pieces of our current system that invite bias, such as judicial reelection, and what reforms should focus on. This thoughtful and compellingly written book will be required reading for anybody who cares about creating a more just legal system.
Автор: Hurri Samuli Название: Birth of the European Individual ISBN: 0415721733 ISBN-13(EAN): 9780415721738 Издательство: Taylor&Francis Рейтинг: Цена: 96970.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book examines the birth of the European individual as a juridical problem, focusing on legal case dossiers from the European Court of Justice as an electrifying laboratory for the study of law and society. Foucault’s story of the modern subject constitutes the book’s main theoretical inspiration, as it considers the encounter between legal and other practices within a more general field of juridical power: a network of active relations, between different social spheres. Through the analysis of delinquent individuals – each expelled from one of the Member States – the raw material for constructing the idea of the European individual is uncovered. The European individual, it is argued, emerged out of the intersection of regimes of law, security and economy, and its practices of knowledge-power. Birth of the European Individual: Law, Security, Economy will be of interest to those studying the individual in law, as well as anyone considering the relationships between power and the individual.
Автор: Whitehead Jason E. Название: Judging Judges: Values and the Rule of Law ISBN: 1602585253 ISBN-13(EAN): 9781602585256 Издательство: Gazelle Book Services Рейтинг: Цена: 68630.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The "rule of law" stands at the heart of the American legal system. But the rule of law does not require judges slavishly to follow the letter of the law, unaffected by political or social influences. Because following the rule of law absolutely is impossible, it is dismissed by the public as a myth and judges are vilified. Judging Judges refocuses and elevates the debate over judges and the rule of law by showing that personal and professional values matter. Jason E. Whitehead demonstrates that the rule of law depends on a socially constructed attitude of legal obligation that spawns objective rules. Intensive interviews of judges reveal the value systems that uphold or undermine the attitude of legal obligation so central to the rule of law. This focus on the social practices undergirding these value systems demonstrates that the rule of law is ultimately a matter of social trust rather than textual constraints. Whiteheads unique combination of philosophical and empirical investigation is a major advance because it moves beyond the dichotomy of law or politics and shows that the rule of law is a shared social enterprise involving all of societyajudges, politicians, scholars, and ordinary citizens alike. Judging Judges attention to judicial values establishes judges true worth in a liberal democracy.
Автор: Sarah Nason Название: Reconstructing Judicial Review ISBN: 150990462X ISBN-13(EAN): 9781509904624 Издательство: Bloomsbury Academic Рейтинг: Цена: 95040.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book offers a new interpretation of judicial review in England and Wales as being concerned with the advancement of justice and good governance, as opposed to being concerned primarily with ultra vires or common law constitutionalism. It is developed both from examining the functions and values that ought to be served by judicial review, and from analysis of empirical 'social' facts about judicial review primarily as experienced in the Administrative Court. Based on ground-up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant/irrelevant considerations, breach of an ECHR protected right orequality duty, and constitutional allocation of powers, constitutional rights, or other complex constitution principles. It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies. It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgement is involved on the part of the initial decision-maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality. It finds that judges apply ordinary common law principles of statutory interpretation with historical pedigrees, including assessing the initial decision-maker's reasoning with reference to statutory purpose, and sifting relevant from irrelevant considerations, including moral considerations. The result is a ground-breaking reassessment of the grounds of judicial review in England and Wales and the practice of the Administrative Court. Subject: Public Law, Legal Philsophy, Socio-Legal Studies]
Автор: Schmidhauser John R. Название: The Supreme Court as Final Arbiter in Federal-State Relations, 1789-1957 ISBN: 0807879371 ISBN-13(EAN): 9780807879375 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 52670.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In analyzing the Supreme Court's powers in federal-state relations, the author demonstrates that the framers of the constitution clearly intended that the Court should be the federal umpire, thus disproving a charge by modern states' righters of usurpation of power by the Supreme Court. In each historical period the effect of the Court interpretations on the autonomy of the state governments and on the acceleration of federal centralization is considered.<BR><BR>A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.<BR>
Автор: Adam Lazowski, Graham Butler Название: Shaping EU Law the British Way: UK Advocates General at the Court of Justice of the European Union ISBN: 1509950044 ISBN-13(EAN): 9781509950041 Издательство: Bloomsbury Academic Рейтинг: Цена: 79190.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judicial discourse that emerges from the Court’s Palais in Luxembourg. More generally, their impact on the shaping of EU law is only sporadically explored. This book fills the lacunae by offering an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during 47 years of the UK’s membership of the EU.During their terms of office, Advocates General Jean-Pierre Warner (1973-1981), Gordon Slynn (1981-1988), Francis Jacobs (1988-2006), and Eleanor Sharpston (2006-2020) delivered over 1400 Opinions. This staggering contribution of the four individuals and their cabinets of legal secretaries was supplemented by an Opinion of a then Judge of the Court of First Instance, David Edward, who was called to act as an Advocate General in two joined cases in what is now the General Court. With the last UK Advocate General departing from the Court of Justice in September 2020, an important era has ended. With this watershed moment, it is apt to take a look back and critically analyse the contribution to development of EU law made by the UK Advocates General, and to elucidate the lasting impact they have had on the nature of EU law.
Автор: Yusuf Hakeem O. Название: Transitional Justice, Judicial Accountability and the Rule of Law ISBN: 0415601517 ISBN-13(EAN): 9780415601511 Издательство: Taylor&Francis Рейтинг: Цена: 46950.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes.
Автор: Jos? Lu?s da Cruz Vila?a Название: EU Law and Integration: Twenty Years of Judicial Application of EU law ISBN: 1849465088 ISBN-13(EAN): 9781849465083 Издательство: Bloomsbury Academic Рейтинг: Цена: 89760.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book contains a collection of articles on different aspects of EU law written by one of Europe`s most distinguished jurists during the past twenty years, some of which appear here for the first time in English.
When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.
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