Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench.
Author: David M. O'Brien
Publisher: CQ Press
ISBN: 9781506340272
Category: Political Science
Page: 393
View: 421
Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.
Release on 1961 | by United States. Congress. House. Committee on the Judiciary
5 on H.R. 21 [and Other] Bills to Provide for the Appointment of Additional Circuit and District Judges, and for Other Purposes. March 1 and 2, 1961 United States. Congress. House. Committee on the Judiciary, United States. Congress.
Author: United States. Congress. House. Committee on the Judiciary
This open access book is about the perception of the independence of the judiciary in Europe.
Author: Frans van Dijk
Publisher: Springer Nature
ISBN: 9783030631437
Category: Political Science
Page: 113
View: 721
This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.
This study of the English judiciary stimulates a discussion of the factors shaping judicial independence, including accountability and constitutional adjudication.
Author: Shimon Shetreet
Publisher: Cambridge University Press
ISBN: 9781107013674
Category: Law
Page: 495
View: 761
This study of the English judiciary stimulates a discussion of the factors shaping judicial independence, including accountability and constitutional adjudication.
The research underpinning this book was designed to support and further develop ideas already described in broader and more theoretical studies,about the dialogues happening among national courts and the ECJ as a key factor of European ...
Author: Silvana Sciarra
Publisher: Hart Publishing
ISBN: 9781841130248
Category: Law
Page: 364
View: 930
This book deals with six EU Member States analysing two areas of substantive law: transfer of undertakings and equality legislation.
"The analysis will be of an interdisciplinary, normative, and sociological nature, and will be presented from various points of view, including numerous insights into international and national legal systems ... such as Austria, Denmark, ...
Author: Wojciech Piatek
Publisher: Peter Lang D
ISBN: 3631836171
Category:
Page: 236
View: 563
The book discusses such issues as: the definition of supervision over courts and judges; the differences between its various components; the scope of the supervision; the entities exercising it; the measures of supervision; the adoption of new technologies into the internal court organization; the trust placed in the courts.
Or do they create new laws in line with their personal views? When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people.
Author: Rozenberg, Joshua
Publisher: Bristol University Press
ISBN: 9781529204506
Category: Law
Page: 240
View: 282
Do judges use the power of the state for the good of the nation? Or do they create new laws in line with their personal views? When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people. But that did not stop them ruling that an order made by the Queen on the advice of her prime minister was just ‘a blank piece of paper’. Joshua Rozenberg, Britain’s best-known commentator on the law, asks how judges can maintain public confidence while making hard choices.
Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the ...
Author: Abhinav Chandrachud
Publisher: Oxford University Press
ISBN: 9780190992996
Category: Law
Page: 320
View: 340
Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India. Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.
Haynes, Evan. The Selection and Tenure of Judges. [Newark]: The National Conference of Judicial Councils, 1944. xix, 308 pp. Reprint available January, 2005 by the Lawbook Exchange, Ltd. ISBN 1-58477-483-5.
Author: Evan Haynes
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584774839
Category: History
Page: 308
View: 577
Haynes, Evan. The Selection and Tenure of Judges. [Newark]: The National Conference of Judicial Councils, 1944. xix, 308 pp. Reprint available January, 2005 by the Lawbook Exchange, Ltd. ISBN 1-58477-483-5. Cloth. $85. * With an introduction by Roscoe Pound. Haynes offers a comprehensive overview of the factors that determine judicial selection in the United States. It is also a useful history of the subject from the colonial era to 1943. Written with input from Pound, Haynes offers a sociological analysis enriched with an impressive body of statistical data. He examines such factors as class and region affiliation, and whether elected judges are more liberal than their tenured colleagues. He also compares American practices to those in Great Britain, Canada, France, Italy, Germany, Scandinavia and Latin America. Warmly received when it was first published, it is recommended by Willard Hurst in The Growth of American Law: The Lawmakers (see p. 454).
A unique discussion of the judicial system in Canada, this is the first book on the court system to be written from a social science, rather than a legal, perspective.
Author: McCormick, Peter
Publisher: James Lorimer & Company
ISBN: 9781550284348
Category: Law
Page: 234
View: 338
A unique discussion of the judicial system in Canada, this is the first book on the court system to be written from a social science, rather than a legal, perspective. McCormick analyzes which courts and judges are most often cited, and discusses party-capability theory in a Canadian context. He offers new data on the courts, including statistics on the Supreme Court caseload, the success rates on appeals from provincial courts of appeal to the Supreme Court, and success rates, by litigant category, in provincial and appeal court decisions. Written in accessible language and offering data that have never before been published, Canada's Courts will be of particular interest to legal professionals and those in related fields of the social sciences.
As you would expect from the editors of Courts, Judges, and PoJitics, they have compiled an impressive set of readings from court decisions, extra-bench writings of judges, and social scientific research. Reflecting the issues facing ...
Author: Walter F. Murphy
Publisher: McGraw-Hill Humanities, Social Sciences & World Languages
ISBN: UOM:39015050077554
Category: Law
Page: 800
View: 537
This classic reader has been a best selling component to the Judicial Process/Judicial Politics/American Legal System course for years. Now thoroughly updated while retaining the features that made it attractive for so long: organization, structure, coverage, narrative, choice of excerpts, and flexibility in use, Lee Epstein and Walter Murphy continue the tradition of this book.
The anthology brings judges and academics together for a dialogue on judicial reforms. The book presents contributions by the judges on their judicial systems (China, Germany, Slovenia, England and Wales and Norway).
Author: Ragna Aarli
Publisher: Chinese and Comparative Law
ISBN: 9004438157
Category: Law
Page: 238
View: 454
"The challenges courts face today all over the world can only be solved in close cooperation between judges and academics which crosses national borders. The anthology brings judges and academics together for a dialogue on judicial reforms. The book presents contributions by the judges on their judicial systems (China, Germany, Slovenia, England and Wales and Norway). The contributions by the academics take up different themes which have emerged in the country reports: The topics include comparative, normative and organisational perspectives on national court systems as well as international perspectives on courts as guarantors of individual rights in an increasingly globalised rule-of-law framework"--
The book employs a wide range of quantitative and qualitative methods to collect new data about the German, Austrian, and Italian constitutional courts over the last four decades.
Author: Nicola Ch. Corkin
Publisher: Routledge
ISBN: 9781134680566
Category: Political Science
Page: 212
View: 818
Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to leave decisions to the courts. The higher complexity of the political framework is a result of the need in the EU to consider both national and European legal and political rules when phrasing new laws. Both to decrease the complexity in the design of legislation and to preserve the ideal of the rule of law, the courts now are more likely to rule laws unconstitutional. The book employs a wide range of quantitative and qualitative methods to collect new data about the German, Austrian, and Italian constitutional courts over the last four decades. These three courts have a comparable history, theoretical background, and structure while differing in two key components: length of EU membership and legitimacy perception. Corkin employs multi-method research based on over fifty interviews with judges, politicians and civil servants; content analysis of abstract judicial review cases over three decades; and a database of over 300 variables relating to the courts and their surroundings. Her data reveals that in abstract judicial review, and in the wider political arena, political culture has become more confrontational due to attitude changes in politicians and judges. These attitude changes can be directly linked to the EU and have wide-ranging implications for legitimacy, democracy and political methodology. Presenting a bridge between the revitalized realist and legalist debate, Europeanization of Judicial Review will contribute to socio-legal theory, literature on comparative courts, and both new institutionalism and Europeanization theory.