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.
Author: David Neuberger
Publisher: Haus Publishing
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.
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 ...
Author: Carlo Guarnieri
Publisher: Oxford University Press on Demand
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.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial MachineryPublish On: 1969
Hearings Before the United States Senate Committee on the Judiciary,
Subcommittee on Improvements in Judicial Machinery, ... Yesterday two chief judges testified that really the one time that they desperately needed the subpena power was ...
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery
Considers S. 952 and 11 related bills, to increase the number of district judgeships in 22 states, D.C., Puerto Rico and the Virgin Islands, and to supply each court with an executive to handle all court administrative duties. Also discusses problem of personnel shortage to handle adequately growing number of criminal caseloads.
But is it in the power of the judiciary to declare an act of the legislature void ,
because it violates some abstract rule of justice , when there is no constitutional
prohibition ? Several eminent judges have more or less strongly insisted upon
420 of the Code of Criminal Procedure , I have thought it right to appoint each of
the Judges of the 3rd and 5th Benches ... The power of the Chief Justice was not
to make a rule that criminal appeals should be tried by a single Judge ; but that if
Clause 112 referred to peal and the necessity of keeping Judges the provisions
that enabled pauper insolin uniformity ; but what the House wish - vents to be ...
He had looked through the Bill Judge the power of refusing or suspendcarefully ...
what form of judgment was there observed , when neither judges nor parties
judged did once dream of any such matter ; till the one by chance repaired unto
the place where the others were , and at that very instant suffered a sudden
No right of way shall be appropriated to tion in question does not require the judge to perform the use of any ... to delegate a legislative character of the power
; that this is legislative power , power to the judiciary . although attempted to be ...
But in the case now a new power on the Judges of the Superior procure and
superintend the construction of a before us , the road is the property of the tax
Court , but , as was said by Judge Swan in his particular road , and to lease it ,
Author: United States. Congress. Senate. JudiciaryPublish On: 1971
In our last hearings we had another chief circuit judge tell us that he hoped that
the circuit councils would be given the subpoena power . I asked the judge why ,
and he gave a number of reasons . What reason could you give ? Why would you
Author: United States. Congress. Senate. Judiciary
In point of fact , the power former occasion that I thought Mr . Jusof committing for
contempt has some tice Lawson was right in the punishment times been
exercised by Judges in a with which he visited the offence in this very remarkable
Author: United States. Congress. Senate. Committee on the JudiciaryPublish On: 1982
Judge Caldwell, I consider judicial temperament a prerequisite for a Federal judge. I have seen some Federal district judges abuse jurors, abuse witnesses,
and abuse attorneys, and I think it is absolutely inexcusable. The more power a
Author: United States. Congress. Senate. Committee on the Judiciary
If the trade - mark acts are conappears from the opinion of the learned judge , that
stitutional , there is no question - as the ... Bohmer , and the case is here referred
to as being kuance of some act of Congress based upon power con the only ...
There is then no authority contrary to the opinion which I enter- nor had the judge
of the court below the power to order his imtain upon the construction to be
placed upon the 41st section of prisonment for not appearing for examination .
Author: Illinois State Board of HealthPublish On: 1895
exercise of the police power , which power Judge Scott , in the case of The Town
of Lake View v . Rose Hill Cemetery , defined to be “ that inherent and plenary
power in the State which enables it to prohibit all things hurtful to the comfort ...
In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that ...
Author: C Neal Tate
Publisher: NYU Press
Category: Political Science
In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review.
Author: Brinton Coxe
Publisher: The Lawbook Exchange, Ltd.
Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.