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Title Judicial Review in an Objective Legal System
Author Tara Smith
Publisher Cambridge University Press
Release Date 2015-08-07
Category Law
Total Pages 302
ISBN 9781107114494
Language English, Spanish, and French
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Book Summary:

This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.

Governing From The Bench by Emmett Macfarlane

Title Governing from the Bench
Author Emmett Macfarlane
Publisher UBC Press
Release Date 2013
Category Law
Total Pages 241
ISBN 9780774823500
Language English, Spanish, and French
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Book Summary:

"As Canada's final court of appeal, the Supreme Court is a crucial component of the country's legal system. Yet, for much of its almost 140-year history, the highest court in the land dwelled in relative obscurity. More than thirty years since the advent of the Charter of Rights and Freedoms, which transformed the court's function and thrust its work into the national spotlight, many of us are still in the dark about the Supreme Court's role--in part because there has been relatively little empirical investigation into how the institution works. In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution's internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices' behaviour; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public. At once enlightening and engaging, Governing from the Bench is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians"--Provided by publisher.

Constitutional Courts In Asia by Albert H. Y. Chen

Title Constitutional Courts in Asia
Author Albert H. Y. Chen
Publisher Cambridge University Press
Release Date 2018-09-20
Category Law
Total Pages 406
ISBN 9781107195080
Language English, Spanish, and French
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Book Summary:

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Common Law Judging by Douglas E Edlin

Title Common Law Judging
Author Douglas E Edlin
Publisher University of Michigan Press
Release Date 2016-07-29
Category Law
Total Pages 280
ISBN 9780472130023
Language English, Spanish, and French
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Book Summary:

Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity

Title A Common Law Theory of Judicial Review
Author W. J. Waluchow
Publisher Cambridge University Press
Release Date 2006-12-25
Category Philosophy
Total Pages 86
ISBN 9781139462815
Language English, Spanish, and French
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Book Summary:

In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.

The Judicial Process by E. W. Thomas

Title The Judicial Process
Author E. W. Thomas
Publisher Cambridge University Press
Release Date 2005-10-13
Category Law
Total Pages 432
ISBN 0511128622
Language English, Spanish, and French
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Book Summary:

In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.

Title Rule of Law Human Rights and Judicial Control of Power
Author Rainer Arnold
Publisher Springer
Release Date 2017-06-23
Category Law
Total Pages 446
ISBN 9783319551869
Language English, Spanish, and French
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Book Summary:

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Title Cases Materials and Text on Judicial Review of Administrative Action
Author Chris Backes
Publisher Bloomsbury Publishing
Release Date 2019-08-08
Category Law
Total Pages 784
ISBN 9781509921485
Language English, Spanish, and French
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Book Summary:

This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

Title Criminal Justice in America The Encyclopedia of Crime Law Enforcement Courts and Corrections 2 volumes
Author Carla Lewandowski
Publisher ABC-CLIO
Release Date 2020-11-30
Category Law
Total Pages 782
ISBN 9781440862632
Language English, Spanish, and French
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Book Summary:

This authoritative set provides a comprehensive overview of issues and trends in crime, law enforcement, courts, and corrections that encompass the field of criminal justice studies in the United States. This work offers a thorough introduction to the field of criminal justice, including types of crime; policing; courts and sentencing; landmark legal decisions; and local, state, and federal corrections systems—and the key topics and issues within each of these important areas. It provides a complete overview and understanding of the many terms, jobs, procedures, and issues surrounding this growing field of study. Another major focus of the work is to examine ethical questions related to policing and courts, trial procedures, law enforcement and corrections agencies and responsibilities, and the complexion of criminal justice in the United States in the 21st century. Finally, this title emphasizes coverage of such politically charged topics as drug trafficking and substance abuse, immigration, environmental protection, government surveillance and civil rights, deadly force, mass incarceration, police militarization, organized crime, gangs, wrongful convictions, racial disparities in sentencing, and privatization of the U.S. prison system. Approximately 300 authoritative entries on important topics pertaining to the discipline of criminal justice Illuminating timeline of events in the history of criminal justice in the United States Extensive general bibliography providing students with useful resources for further study

Judicial Politics In Mexico by Andrea Castagnola

Title Judicial Politics in Mexico
Author Andrea Castagnola
Publisher Routledge
Release Date 2016-11-03
Category Political Science
Total Pages 176
ISBN 9781315520605
Language English, Spanish, and French
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Book Summary:

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.

Title Judicial Review in the Contemporary World
Author Mauro Cappelletti
Publisher Unknown
Release Date 1971
Category Judicial review
Total Pages 117
ISBN STANFORD:36105081698891
Language English, Spanish, and French
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Book Summary:

Judicial Review In Norway by Anine Kierulf

Title Judicial Review in Norway
Author Anine Kierulf
Publisher Cambridge University Press
Release Date 2018-05-31
Category Law
Total Pages 86
ISBN 9781108648646
Language English, Spanish, and French
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Book Summary:

Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights. Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.

Title Purposive Interpretation in Law
Author Aharon Barak
Publisher Princeton University Press
Release Date 2011-10-16
Category Law
Total Pages 448
ISBN 9781400841264
Language English, Spanish, and French
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Book Summary:

This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.

Title Deference to the Administration in Judicial Review
Author Guobin Zhu
Publisher Springer Nature
Release Date 2019-11-23
Category Law
Total Pages 445
ISBN 9783030315399
Language English, Spanish, and French
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Book Summary:

This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.

Title The Global Expansion of Judicial Power
Author C Neal Tate
Publisher NYU Press
Release Date 1997-06-01
Category Political Science
Total Pages 570
ISBN 9780814770061
Language English, Spanish, and French
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Book Summary:

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.

Title The Principle of Effective Legal Protection in Administrative Law
Author Zoltán Szente
Publisher Routledge
Release Date 2016-08-05
Category Law
Total Pages 400
ISBN 9781317019244
Language English, Spanish, and French
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Book Summary:

This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems.

A Companion To Ayn Rand by Allan Gotthelf

Title A Companion to Ayn Rand
Author Allan Gotthelf
Publisher John Wiley & Sons
Release Date 2016-02-23
Category Philosophy
Total Pages 538
ISBN 9781405186841
Language English, Spanish, and French
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Book Summary:

The first volume to offer a comprehensive scholarly treatment of Rand’s entire corpus (including her novels, her philosophical essays, and her analysis of the events of her times), this Companion provides vital orientation and context for scholars and educated readers grappling with a controversial and understudied thinker whose enduring influence on American (and world) culture is increasingly recognized. The first publication to provide an in-depth scholarly treatment ranging over the whole of Rand’s corpus Provides informed contextual analysis for scholars in a variety of disciplines Presents original research on unpublished material and drafts from the Rand archives in California Features insightful and fair-minded interpretations of Rand’s controversial positions

Judicial Review by Susana Galera

Title Judicial Review
Author Susana Galera
Publisher Council of Europe
Release Date 2010-01-01
Category Law
Total Pages 330
ISBN 9287167230
Language English, Spanish, and French
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Book Summary:

"The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role. This trend is also characterized by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls. This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled. Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law. The authors conclude that the issue of individual guarantees vis-à-vis public powers should be carefully monitored in Europe."--

Unfair by Adam Benforado

Title Unfair
Author Adam Benforado
Publisher Crown
Release Date 2015
Category LAW
Total Pages 379
ISBN 9780770437763
Language English, Spanish, and French
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Book Summary:

"A crusading legal scholar exposes the powerful psychological forces that undermine our criminal justice system--and affect us all Our nation is founded on the notion that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the temperature of the courtroom, the camera angle of a defendant's taped confession, or a simple word choice or gesture during a cross-examination. In Unfair, law professor Adam Benforado shines a light on this troubling new research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. In fact, over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness--and Benforado argues that until we address these hidden biases head-on, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses in our legal system. Weaving together historical examples, scientific studies, and compelling court cases--from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case--Benforado shows how our judicial processes fail to uphold our values and protect society's weakest members, convicting the innocent while letting dangerous criminals go free. With clarity and passion, he lays out the scope of the problem and proposes a wealth of reforms that could prevent injustice and help us achieve true fairness and equality before the law"--

Viable Values by Tara Smith

Title Viable Values
Author Tara Smith
Publisher Rowman & Littlefield Publishers
Release Date 2000-01-12
Category Philosophy
Total Pages 224
ISBN 9781442211919
Language English, Spanish, and French
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Book Summary:

Viable Values examines the most basic foundations of value and morality, demonstrating the shortcomings of major traditional views and proposing that morality is grounded in the objective requirements of human life. Smith argues that human beings need to be moral in order to live, explaining how life is the standard of morality, how flourishing is the proper end and reward of living morally, and how an intelligent egoism is the path to flourishing.