The Judicial Process in Comparative Perspective


Author: Mauro Cappelletti

Publisher: Clarendon Press


Category: Law

Page: 417

View: 5508

This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.

Human Rights and Judicial Review

A Comparative Perspective


Author: David M. Beatty

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792329688

Category: Law

Page: 361

View: 679

"Human Rights and Judicial Review: A Comparative Perspective" collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.

Constitutional Dialogues in Comparative Perspective


Author: S. Kenney,W. Reisinger,J. Reitz

Publisher: Springer

ISBN: 0333982517

Category: Political Science

Page: 254

View: 7720

From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognised as political institutions that are important players in political systems. In addition, transnational courts such as the European Court of Justice and European Court of Human Rights are extending their reach and affecting more than ever the politics of member states. The book contains essays written by scholars of law and political science exploring in interdisciplinary fashion the relationship between law and politics in cross-national perspective, focusing principally on contemporary Europe.

Courts, Law, and Politics in Comparative Perspective


Author: Herbert Jacob,Erhard Blankenburg,Herbert M. Kritzer,Doris Marie Provine,Joseph Sanders

Publisher: Yale University Press

ISBN: 9780300063790

Category: Law

Page: 408

View: 2644

This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

The Rule of Law in Comparative Perspective


Author: Mortimer Sellers,Tadeusz Tomaszewski

Publisher: Springer Science & Business Media

ISBN: 9789048137497

Category: Law

Page: 253

View: 6254

This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Judicial Activism in Comparative Perspective


Author: Kenneth M. Holland

Publisher: Springer

ISBN: 1349117749

Category: Law

Page: 220

View: 484

The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.

The Birth of Judicial Politics in France

The Constitutional Council in Comparative Perspective


Author: Alec Stone,Alec Stone Sweet

Publisher: Oxford University Press on Demand

ISBN: 0195070348

Category: Drama

Page: 312

View: 3664

The French Constitutional Council, a quasi-judicial body created at the dawn of the Fifth Republic, functioned in relative obscurity for almost two decades until its emergence in the 1980s as a pivotal actor in the French policymaking process. Alec Stone focuses on how this once docile institution, through its practice of constitutional review, has become a meaningfully autonomous actor in the French political system. After examining the formal prohibition against judicial review in France, Stone illustrates how politicians and the Council have collaborated over the course of the last decade, often unintentionally and in the service of contradictory agendas, to significantly enhance Council's power. While the Council came to function as a third house of Parliament, the legislative work of the government and Parliament was meaningfully "juridicized." Through a discussion of broad theoretical issues, Stone then expands the scope of his analysis to the politics of constitutional review in Germany, Spain, and Austria.

Judiciaries in Comparative Perspective


Author: H. P. Lee

Publisher: Cambridge University Press

ISBN: 1139499866

Category: Law

Page: N.A

View: 9931

An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.

Streitentscheidung und Normbildung durch den Zivilprozess

eine rechtsvergleichende Untersuchung zum deutschen, englischen und US-amerikanischen Recht


Author: Felix Maultzsch

Publisher: Mohr Siebeck

ISBN: 9783161505386

Category: Law

Page: 492

View: 8614

English summary: What is the relationship between the dispute settlement referring to one specific case and the law-making function in the decision-making process of the appellate courts? Felix Maultzsch looks into this question in a comparative study of German, English and US law. German description: Die richterliche Normbildung verkorpert einen immer bedeutsamer werdenden Aspekt der hochstrichterlichen Tatigkeit. Hiermit stellt sich zugleich die Frage, in welchem Verhaltnis diese Normbildung zu der Entscheidung des jeweils anhangigen Rechtsstreits steht. Bildet der konkrete Fall den wesentlichen Entscheidungs- und Erkenntnisgegenstand, aus dem zugleich allgemeinere Ruckschlusse gezogen werden, oder bildet er einen blossen Anlass fur eine abstrakt orientierte Normbildung? Felix Maultzsch geht dieser Frage in einer rechtsvergleichenden Untersuchung zum deutschen, englischen und US-amerikanischen Recht nach, die sich an dem prozessual-institutionellen Rahmen der richterlichen Tatigkeit orientiert. Er untersucht das Verhaltnis zwischen Streitentscheidung und Normbildung aus entwicklungsgeschichtlicher und rechtstheoretischer Perspektive und behandelt zudem konkrete prozessuale Anwendungsbeispiele. Hierbei kann fur die hochstrichterliche Ebene die Grundtendenz beobachtet werden, dass die Normbildung einen immer starkeren Eigenwert erlangt und sich von der Streitentscheidung gleichsam loslost. Der Autor pladiert demgegenuber fur eine Ruckbesinnung auf das klassische Modell, nach dem der jeweilige Fall das Zentrum der richterlichen Tatigkeit bildet und die Rechtsschopfung leitet. Dieser Ansatz konzentriert sich auf die genuinen Starken des Prozesses der richterlichen Entscheidungsfindung und ermoglicht somit auf lange Sicht auch eine nachhaltigere Normbildung.

State, Society, and Law in Islam

Ottoman Law in Comparative Perspective


Author: Haim Gerber

Publisher: SUNY Press

ISBN: 9780791418772

Category: Law

Page: 233

View: 7082

This book explores the legal structure of the Ottoman Empire between the sixteenth and early nineteenth centuries and examines its association with the Empire's sociopolitical structure. The author's main focus is on the relationship between formal Islamic law and the law as it was actually administered in seventeenth- and eighteenth-century Istanbul and its environs. Using court records, other primary archival documents, and little-used Islamic literature, Gerber establishes for the first time that large bodies of the law were indeed practiced and enforced as law. This refutes the ethnocentric Western view, propagated by Max Weber, that Islamic law was dispensed arbitrarily because of a widening gap between ossified Muslim law and a changing Muslim society. Gerber furthermore integrates his empirical research into a wider theoretical framework adapted from legal and historical-legal anthropology and uses this material as the basis for comparisons between the Ottoman Empire's legal system and other legal systems, most notably that of Morocco. This book shows that although Islamic law as practiced did have to contend with an inviolable sacred core, historical development nevertheless took place that can shed new light on the civilization of Islam.

Mélanges Skubiszewski Krzysztof


Author: Jerzy Makarczyk

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041102966

Category: Law

Page: 1

View: 507

"Theory of International Law at the Threshold of the 21st Century" is a remarkable book, and is destined to become a standard work, without which no International Law library will be complete. The essays contained in this volume are written by the foremost experts, and the topics have been chosen with the greatest care, to reflect the most pressing current problems facing the world community. The research and writing made available in this collection will be of enduring worth, and will be studied and quoted for decades to come. It follows in the finest traditions of the major collective works published by Martinus Nijhoff/Kluwer Law International. It is most appropriate that a remarkable book should be dedicated to a remarkable man, and the editor of the volume Professor Jerzy Makarczyk has ensured that the choice of writers, the choice of topics and the quality of the material do indeed honour one of the leading international lawyers of his generation: Professor Krzysztof Skubiszewski.

The New Judiciary

The Effects of Expansion and Activism


Author: Kate Malleson

Publisher: Dartmouth Publishing Company

ISBN: 9781840140774

Category: Political Science

Page: 247

View: 605

During the last thirty years, the judiciary has undergone an unprecedented expansion in its size and power. This book reviews the resultant changes to judicial training, the judicial appointments process and the scrutiny of judges' performance in the ligh

The Role of the Judiciary in Environmental Governance

Comparative Perspectives


Author: Louis J. Kotzé,Louis J Kotzé,Alexander R. Paterson

Publisher: Kluwer Law International B.V.

ISBN: 9041127089

Category: Law

Page: 637

View: 6516

This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.

The Judicial Process

Law, Courts, and Judicial Politics


Author: Christopher P. Banks,David M. O'Brien

Publisher: CQ Press

ISBN: 1483317021

Category: Political Science

Page: 400

View: 9243

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

American Constitutional Law

Essays, Cases, and Comparative Notes


Author: Donald P. Kommers,John E. Finn,Gary J. Jacobsohn

Publisher: Rowman & Littlefield

ISBN: 9780742526884

Category: Political Science

Page: 1095

View: 7133

A course on constitutional law and civil liberties can be and is nothing less than an extended inquiry into the meaning of America. American Constitutional Law: Volume 1 Governmental Powers and Democracy, newly revised by Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn, is a casebook made for such an inquiry. True to the liberal arts tradition from which it emerges, it goes beyond the facts and rulings of the great cases in American constitutional law to engage important issues of political theory and the nature of our constitutional democracy. Although the focus is on American constitutional law, Kommers, Finn, and Jacobsohn break new ground by incorporating comparative materials that enrich the study of the American Constitution by challenging the reader to assess American constitutional values in light of other traditions and understandings of constitutional governance. In an era of constitutional globalization, this new edition of a distinguished text is essential to an appreciation of tradition and diversity.Volume 1 focuses on governmental structures and relationships and includes a new chapter on elections and political representation.

Collective Judging in Comparative Perspective

Counting Votes and Weighing Options


Author: Birke Haecker,Wolfgang Ernst

Publisher: N.A

ISBN: 9781780686240


Page: 380

View: 4530

This book provides unique insights into modern collective judicial decision-making. Courts all over the world sit in panels of several judges, yet the processes by which these judges produce the court?s decision differ markedly. Judges from some of the world?s most notable judicial bodies, in both the civilian and the common law tradition and from supra-/international courts, share their experiences and reflect on the challenges to which their collective endeavour gives rise. They address matters such as the question of panel constitution, the operation of rapporteur systems, pre-and post-hearing conferences, the hearing procedure itself, the nature of the interaction between the judicial panel and parties? advocates, the extent to which a unitary judgment of the court or at least a single majority judgment is required or deemed desirable, and how it is ultimately arrived at through different voting mechanisms. They allow the reader a unique inside view into the functioning of modern judicial bodies. The judges? chapters are supplemented by a series of comparative analyses and reflections on the lessons to be learnt from them. 'Collective Judging in Comparative Perspective' thus also provides a starting point for thinking about future court design.

The Rights Revolution

Lawyers, Activists, and Supreme Courts in Comparative Perspective


Author: Charles R. Epp

Publisher: University of Chicago Press

ISBN: 9780226211626

Category: Law

Page: 326

View: 5899

It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.

Minority Groups and Judicial Discourse in International Law

A Comparative Perspective


Author: Gaetano Pentassuglia

Publisher: Martinus Nijhoff Publishers

ISBN: 9004176721

Category: Law

Page: 276

View: 2501

Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies, particularly in the Americas, Africa and Europe in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group's perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative practical and theoretical perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.