The Judicial Process in Comparative Perspective

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Author: Mauro Cappelletti

Publisher: Clarendon Press

ISBN: N.A

Category: Law

Page: 417

View: 2510

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.

The Birth of Judicial Politics in France

The Constitutional Council in Comparative Perspective

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Author: Alec Stone,Alec Stone Sweet

Publisher: Oxford University Press on Demand

ISBN: 0195070348

Category: Drama

Page: 312

View: 8718

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.

Human Rights and Judicial Review

A Comparative Perspective

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Author: David M. Beatty

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792329688

Category: Law

Page: 361

View: 8044

"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.

Judicial Dissent in European Constitutional Courts

A Comparative and Legal Perspective

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Author: Katalin Kelemen

Publisher: Routledge

ISBN: 1317110048

Category: Law

Page: 208

View: 2219

Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.

The Judicial Process

Law, Courts, and Judicial Politics

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

Publisher: CQ Press

ISBN: 1483386287

Category: Political Science

Page: 400

View: 7560

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.

The Rights Revolution

Lawyers, Activists, and Supreme Courts in Comparative Perspective

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Author: Charles R. Epp

Publisher: University of Chicago Press

ISBN: 9780226211626

Category: Law

Page: 326

View: 2891

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.

Accountability in the Contemporary Constitution

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Author: Nicholas Bamforth,Peter Leyland

Publisher: OUP Oxford

ISBN: 0191648957

Category: Law

Page: 432

View: 5275

Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to the United States and aspects of European Union law. The main focus of the volume is the contemporary UK constitution. Chapters are included which analyse the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, human rights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.

Comparative Judicial Systems

Challenging Frontiers in Conceptual and Empirical Analysis

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Author: John R. Schmidhauser

Publisher: Elsevier

ISBN: 148310060X

Category: Law

Page: 256

View: 8531

Comparative Judicial Systems: Challenging Frontiers in Conceptual and Empirical Analysis is a comprehensive and cohesive collection of investigative essays written by significant contributors in the field of comparative judicial institutions and politics. These essays seek to explain the judicial systems of different nations and analyze their implications. The book is divided into three parts. Part I deals with the integration of courts into the study of politics and conceptual frameworks in comparative cross-national legal and judicial research. Part II covers analyses of the judicial systems of a certain nation, while Part III compares and analyzes judicial systems of different nations as well as their judicial background in relation to their subculture. The text is recommended for lawyers as well as those in the field of political science and in the judicial branch, especially those who are looking to countries as examples for the improvement of their local systems.

Constitutional Dialogues in Comparative Perspective

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

Publisher: Springer

ISBN: 0333982517

Category: Political Science

Page: 254

View: 7302

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.

The Rule of Law in Comparative Perspective

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Author: Mortimer Sellers,Tadeusz Tomaszewski

Publisher: Springer Science & Business Media

ISBN: 9789048137497

Category: Law

Page: 253

View: 4491

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.

Courts, Law, and Politics in Comparative Perspective

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Author: Herbert Jacob

Publisher: Yale University Press

ISBN: 9780300063790

Category: Law

Page: 408

View: 7934

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 Class Action in Common Law Legal Systems

A Comparative Perspective

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Author: Rachael Mulheron

Publisher: Bloomsbury Publishing

ISBN: 1847310966

Category: Law

Page: 616

View: 8059

Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.

Judicial Politics in Mexico

The Supreme Court and the Transition to Democracy

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Author: Andrea Castagnola,Saul Lopez Noriega

Publisher: Routledge

ISBN: 1315520605

Category: Political Science

Page: 190

View: 3506

After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

The American Anomaly

U.S. Politics and Government in Comparative Perspective

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Author: Raymond A. Smith

Publisher: Routledge

ISBN: 1135079110

Category: Political Science

Page: 264

View: 1899

Seymour Martin Lipset pronounced over a decade ago, "Someone who knows only one country knows no country." It is well established that students learn the intricacies of American politics better when they are presented in a comparative context. In today’s globalized society and workforce, it is all the more important for students to understand that the American political system is in many ways the exception and not the rule. Introductory textbooks on American government, however, rarely emphasize in sufficient depth how the United States compares to other political systems. And introductions to comparative politics infrequently situate the United States in their analysis. The American Anomaly systematically analyzes the U.S. political system by way of comparison with other countries, especially other industrialized democracies. It is organized into four sections, respectively covering the constitutional order, governmental institutions, political participation, and public policy. Extended case studies in each chapter draw on all the major regions of the world. Thoroughly revised throughout, the third edition includes: Updates throughout to reflect recent developments, including battles for control of Congress and the White House in 2010 and 2012, the challenges and successes of the Obama presidency, and political developments including the rise of the Tea Party and Occupy Wall Street. The addition of a ready-reference glossary defining key terms, along with a key terms list at the end of each chapter. Updates to examples from other countries, such as changes to the European Union in light of the Eurozone crisis, the weakening of the Mexican state due to surges in drug-related crime, and the growth of China’s global role. A substantive update to the domestic policy and foreign policy chapters. A significant update on online/web-based activism, with particular regard to the expanding role of social media. New tables and charts in each chapter. A companion website also offers overview slides, links, and other supporting features.

Judicial Activism in Comparative Perspective

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Author: Kenneth M. Holland

Publisher: Springer

ISBN: 1349117749

Category: Law

Page: 220

View: 835

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.

Judiciaries in Comparative Perspective

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Author: H. P. Lee

Publisher: Cambridge University Press

ISBN: 1139499866

Category: Law

Page: N.A

View: 7398

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.

Guantánamo and Beyond

Exceptional Courts and Military Commissions in Comparative Perspective

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Author: Fionnuala Ni Aoláin,Oren Gross

Publisher: Cambridge University Press

ISBN: 1107009219

Category: Law

Page: 385

View: 7081

This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.

Law and Legal Culture in Comparative Perspective

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Author: Günther Doeker-Mach,Guenther Doeker-Mach,Klaus A. Ziegert,Alice Erh-Soon Tay

Publisher: Franz Steiner Verlag

ISBN: 9783515085601

Category: Philosophy

Page: 444

View: 7716

Comparative legal studies are at last commanding the thoughts of contemporary juristso Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.

American Judicial Process

Myth and Reality in Law and Courts

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Author: Pamela C. Corley,Artemus Ward,Wendy L. Martinek

Publisher: Routledge

ISBN: 113628656X

Category: Political Science

Page: 474

View: 6909

This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.