The Power of Judges

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 ...

Author: Carlo Guarnieri

Publisher: Oxford University Press on Demand

ISBN: 0198298358

Category: Law

Page: 235

View: 645

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.
Categories: Law

The Power of Judges

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.

Author: David Neuberger

Publisher: Haus Publishing

ISBN: 9781912208241

Category: Law

Page: 90

View: 462

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.
Categories: Law

Judiciary and the power of judges in Slovakia

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.

Author:

Publisher: EUROKÓDEX

ISBN: 9788089447558

Category: Courts

Page: 168

View: 103

Categories: Courts

Appointing Judges in an Age of Judicial Power

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.

Author: Peter H. Russell

Publisher: University of Toronto Press

ISBN: 9780802093813

Category: Political Science

Page: 473

View: 942

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.
Categories: Political Science

Battered Women in the Courtroom

Battered Women in the Courtroom

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

Author: James Ptacek

Publisher: UPNE

ISBN: 1555533914

Category: Law

Page: 240

View: 473

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

The English Judges

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 ...

Author: Robert Stevens

Publisher: Hart Publishing

ISBN: 9781841134956

Category: Law

Page: 209

View: 344

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.
Categories: Law

The American Judicial Tradition Profiles of Leading American Judges

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.

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: 9780199729180

Category: Electronic books

Page: 576

View: 782

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.
Categories: Electronic books

Freedom of Speech Volume 21 Part 2

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 ...

Author: Ellen Frankel Paul

Publisher: Cambridge University Press

ISBN: 0521603757

Category: Philosophy

Page: 439

View: 202

This volume examine the history of free speech doctrine.
Categories: Philosophy

The Myth of the Imperial Judiciary

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 ...

Author: Mark Kozlowski

Publisher: NYU Press

ISBN: 9780814749296

Category: Law

Page: 293

View: 804

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.
Categories: Law

Strengthen the Judiciary s Independence in Europe

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
 ...

Author: Peter-Alexis Albrecht

Publisher: BWV Verlag

ISBN: 9783830524939

Category: Electronic books

Page: 218

View: 273

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.
Categories: Electronic books

Power of Federal Judiciary Over Legislation

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.

Author: J. Hampden Dougherty

Publisher: The Lawbook Exchange, Ltd.

ISBN: 9781584773634

Category: Law

Page: 138

View: 946

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.
Categories: Law

Human Rights Violations in Nepal

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 ...

Author:

Publisher: Human Rights Watch

ISBN: 0929692314

Category: Political Science

Page: 208

View: 847

Categories: Political Science

The Parliamentary Debates Authorized Edition

The Parliamentary Debates  Authorized Edition

[Lord Brougham : This bill gives the powers to the judges, not to the Executive
Government.] The judges have the power; my noble and learned Friend has
forgotten his common law. The judges have the power to enter a suggestion on
the ...

Author: Great Britain. Parliament

Publisher:

ISBN: STANFORD:36105009837563

Category: Great Britain

Page:

View: 913

Categories: Great Britain

The Separation of Governmental Powers in History in Theory and in the Constitutions

The Separation of Governmental Powers in History  in Theory  and in the Constitutions

Bondy, William. Separation of Governmental Powers in History, in Theory, and in the Constitutions. New York: Columbia College, 1896. Reprinted 1999 by The Lawbook Exchange, Ltd. vi,[7]-185, [1] pp. LCCN 98-44994.

Author: William Bondy

Publisher: The Lawbook Exchange, Ltd.

ISBN: 9781886363656

Category: Law

Page: 185

View: 439

Bondy, William. Separation of Governmental Powers in History, in Theory, and in the Constitutions. New York: Columbia College, 1896. Reprinted 1999 by The Lawbook Exchange, Ltd. vi,[7]-185, [1] pp. LCCN 98-44994. ISBN 1-886363-65-X. Cloth. $65. * Examines theories relating to the powers of the court and the legislature and the separation and balance of the two. Originally published as v.5, no. 2 in Columbia's series, Studies in history, economics and public law.
Categories: Law

Liberty Property and the Future of Constitutional Development

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 ...

Author: Ellen Frankel Paul

Publisher: SUNY Press

ISBN: 0791403041

Category: Law

Page: 341

View: 842

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.
Categories: Law

The Prose epitome or Extracts elegant instructive and entertaining

The Prose epitome  or  Extracts  elegant  instructive  and entertaining

Thus , at Venicc , the legislative power The judges ought likewise to be in the is in
the Council , the executive in the Pregadi , same station as the accused ; or in
other words , and the judiciary in the Quarantia . But the his peers , to the end that
 ...

Author:

Publisher:

ISBN: NYPL:33433076082761

Category: Conduct of life

Page: 456

View: 208

Categories: Conduct of life

Trials Without Truth

Trials Without Truth

CHAPTE R SEVEN Trials without Truth Weak Trial Judges As a group, the
American judiciary is the most powerful in the world. We are ... This is a power
that judges don't have in countries such as England, where Parliament is
supreme.

Author: William T. Pizzi

Publisher: NYU Press

ISBN: 9780814768112

Category: Law

Page: 257

View: 611

Reginald Denny. O. J. Simpson. Colin Ferguson. Louise Woodward: all names that have cast a spotlight on the deficiencies of the American system of criminal justice. Yet, in the wake of each trial that exposes shocking behavior by trial participants or results in counterintuitive rulings—often with perverse results—the American public is reassured by the trial bar that the case is not "typical" and that our trial system remains the best in the world. William T. Pizzi here argues that what the public perceives is in fact exactly what the United States has: a trial system that places far too much emphasis on winning and not nearly enough on truth, one in which the abilities of a lawyer or the composition of a jury may be far more important to the outcome of a case than any evidence. How has a system on which Americans have lavished enormous amounts of energy, time, and money been allowed to degenerate into one so profoundly flawed? Acting as an informal tour guide, and bringing to bear his experiences as both insider and outsider, prosecutor and academic, Pizzi here exposes the structural faultlines of our trial system and its paralyzing obsession with procedure, specifically the ways in which lawyers are permitted to dominate trials, the system's preference for weak judges, and the absurdities of plea bargaining. By comparing and contrasting the U.S. system with that of a host of other countries, Trials Without Truth provides a clear-headed, wide-ranging critique of what ails the criminal justice system—and a prescription for how it can be fixed.
Categories: Law

The Legalist Reformation

The Legalist Reformation

Clearly, reformers and conservatives did not agree about the judiciary's role.
Once nearly all Americans came to define social justice in terms of protection of
minorities from majoritarian power, however, some consensus about the
judiciary's ...

Author: William E. Nelson

Publisher: Univ of North Carolina Press

ISBN: 9780807875568

Category: Law

Page: 472

View: 488

Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the scene of intense struggle between white, Anglo-Saxon, Protestant upper and middle classes located primarily in the upstate region and the impoverished, mainly Jewish and Roman Catholic, immigrant underclass centered in New York City. Beginning in the 1920s, however, judges such as Benjamin N. Cardozo, Henry J. Friendly, Learned Hand, and Harlan Fiske Stone used law to facilitate the entry of the underclass into the economic and social mainstream and to promote tolerance among all New Yorkers. Ultimately, says William Nelson, a new legal ideology was created. By the late 1930s, New Yorkers had begun to reconceptualize social conflict not along class lines but in terms of the power of majorities and the rights of minorities. In the process, they constructed a new approach to law and politics. Though doctrinal change began to slow by the 1960s, the main ambitions of the legalist reformation--liberty, equality, human dignity, and entrepreneurial opportunity--remain the aspirations of nearly all Americans, and of much of the rest of the world, today.
Categories: Law

The Doctrine of State and the Principles of State Law

The Doctrine of State and the Principles of State Law

With the division of labor and development of the law, there developed the
educated judge, who is the equal of the ... Judges must not also have a power
over subjects directed toward considerations of governmental expediency –
which is why ...

Author: Friedrich Julius Stahl

Publisher: WordBridge Publishing

ISBN: 9789076660097

Category: Law

Page: 508

View: 922

Friedrich Julius Stahl was one of Germany's leading constitutional scholars in the 19th century, prior to the advent of Bismarck and the establishment of a united Germany. The Doctrine of State and the Principles of State Law is the centerpiece of his magnum opus, the Philosophy of Law. This is the first English-language translation of this key work of legal and political philosophy. It is written from a Christian and conservative background, but cognizant of and generous toward the liberal mainstream of constitutional opinion that characterized his day. Historians, legal scholars, and philosophical fellow-travelers all will gain greatly by perusing this magnificent yet forgotten work.
Categories: Law