Courts And Country

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Courts in Federal Countries

Nicholas Theodore Aroney,John Kincaid
Courts in Federal Countries Book PDF

Author : Nicholas Theodore Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 600 pages
File Size : 45,7 Mb
Release : 2017-04-24
Category : Law
ISBN : 9781487511487

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Courts in Federal Countries by Nicholas Theodore Aroney,John Kincaid Pdf

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Courts and Country

W. A. Bogart
Courts and Country Book PDF

Author : W. A. Bogart
Publisher : Oxford University Press Canada
Page : 334 pages
File Size : 44,8 Mb
Release : 1994
Category : Canada
ISBN : 0195410351

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Courts and Country by W. A. Bogart Pdf

Courts and Country is the first book to examine the changing role of courts in the context of the entire Canadian legal system and in view of broader concerns about Canada's political culture. It examines Canada's reliance on the courts in a wide range of matters, including the supervision of the administrative state, the provision of redress for personal injuries, and the regulation of the federal division of powers. It also addresses the important issue of whether the Charter of Rights and Freedoms has moved Canadian courts from their traditional concern with crime control to a more American concern with due process. Courts and Country is a provocative book for anyone who is interested in Canada's legal system and political and social life.

The Court and the Country

Perez Zagorin
The Court and the Country Book PDF

Author : Perez Zagorin
Publisher : Routledge
Page : 0 pages
File Size : 50,5 Mb
Release : 2023-04
Category : Great Britain
ISBN : 1032466537

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The Court and the Country by Perez Zagorin Pdf

The Court and the Country (1969) offers a fresh view and synthesis of the English revolution of 1640. It describes the origin and development of the revolution, and gives an account of the various factors - political, social and religious - that produced the revolution and conditioned its course. It explains the revolution primarily as a result of the breakdown of the unity of the governing class around the monarchy into the contending sides of the Court and the Country. A principal theme is the formation within the governing class of an opposition movement to the Crown. The role of Puritanism and of the towns is examined, and the resistance to Charles I is considered in relation to other European revolutions of the period.

Asian Courts in Context

Jiunn-rong Yeh,Junrong Ye,Wen-Chen Chang
Asian Courts in Context Book PDF

Author : Jiunn-rong Yeh,Junrong Ye,Wen-Chen Chang
Publisher : Cambridge University Press
Page : 633 pages
File Size : 53,7 Mb
Release : 2015
Category : Law
ISBN : 9781107066083

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Asian Courts in Context by Jiunn-rong Yeh,Junrong Ye,Wen-Chen Chang Pdf

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Courts, Law, and Politics in Comparative Perspective

Herbert Jacob,Erhard Blankenburg,Herbert M. Kritzer,Doris Marie Provine,Joseph Sanders
Courts Law and Politics in Comparative Perspective Book PDF

Author : Herbert Jacob,Erhard Blankenburg,Herbert M. Kritzer,Doris Marie Provine,Joseph Sanders
Publisher : Yale University Press
Page : 420 pages
File Size : 45,6 Mb
Release : 1996-01-01
Category : Law
ISBN : 0300063792

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Courts, Law, and Politics in Comparative Perspective by Herbert Jacob,Erhard Blankenburg,Herbert M. Kritzer,Doris Marie Provine,Joseph Sanders Pdf

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 Case for an International Court of Civil Justice

Maya Steinitz
The Case for an International Court of Civil Justice Book PDF

Author : Maya Steinitz
Publisher : Unknown
Page : 257 pages
File Size : 46,7 Mb
Release : 2019
Category : Law
ISBN : 9781107162853

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The Case for an International Court of Civil Justice by Maya Steinitz Pdf

An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.

Courts and Democracies in Asia

Po Jen Yap
Courts and Democracies in Asia Book PDF

Author : Po Jen Yap
Publisher : Cambridge University Press
Page : 251 pages
File Size : 50,5 Mb
Release : 2017-09-28
Category : Law
ISBN : 9781107192621

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Courts and Democracies in Asia by Po Jen Yap Pdf

This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

Commitment and Cooperation on High Courts

Benjamin Alarie,Andrew J. Green
Commitment and Cooperation on High Courts Book PDF

Author : Benjamin Alarie,Andrew J. Green
Publisher : Oxford University Press
Page : 200 pages
File Size : 44,8 Mb
Release : 2017-07-25
Category : Law
ISBN : 9780190466404

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Commitment and Cooperation on High Courts by Benjamin Alarie,Andrew J. Green Pdf

Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.

The Politics of Court Reform

Melissa Crouch
The Politics of Court Reform Book PDF

Author : Melissa Crouch
Publisher : Cambridge University Press
Page : 449 pages
File Size : 40,6 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781108493468

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The Politics of Court Reform by Melissa Crouch Pdf

Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

The Federal Court of Appeal and the Federal Court

Martine Valois,Ian Greene,Craig Forcese,Peter McCormick
The Federal Court of Appeal and the Federal Court Book PDF

Author : Martine Valois,Ian Greene,Craig Forcese,Peter McCormick
Publisher : Irwin Law
Page : 128 pages
File Size : 42,8 Mb
Release : 2021-10
Category : Electronic
ISBN : 1552215474

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The Federal Court of Appeal and the Federal Court by Martine Valois,Ian Greene,Craig Forcese,Peter McCormick Pdf

The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.

Judicial Law-Making in European Constitutional Courts

Monika Florczak-Wątor
Judicial Law Making in European Constitutional Courts Book PDF

Author : Monika Florczak-Wątor
Publisher : Routledge
Page : 249 pages
File Size : 53,6 Mb
Release : 2020-05-07
Category : Law
ISBN : 9781000062250

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Judicial Law-Making in European Constitutional Courts by Monika Florczak-Wątor Pdf

This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.

The Court and the World

Stephen Breyer
The Court and the World Book PDF

Author : Stephen Breyer
Publisher : Vintage
Page : 402 pages
File Size : 41,5 Mb
Release : 2016-08-23
Category : Law
ISBN : 9781101912072

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The Court and the World by Stephen Breyer Pdf

In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

Seeking the Court’s Advice

Kate Puddister
Seeking the Court s Advice Book PDF

Author : Kate Puddister
Publisher : UBC Press
Page : 290 pages
File Size : 47,6 Mb
Release : 2019-05-01
Category : Law
ISBN : 9780774861137

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Seeking the Court’s Advice by Kate Puddister Pdf

Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants – and governments often wield this power strategically. The first study of its kind, Seeking the Court’s Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.

Rethinking Nordic Courts

Laura Ervo,Pia Letto-Vanamo,Anna Nylund
Rethinking Nordic Courts Book PDF

Author : Laura Ervo,Pia Letto-Vanamo,Anna Nylund
Publisher : Springer Nature
Page : 311 pages
File Size : 51,8 Mb
Release : 2021-08-01
Category : Law
ISBN : 9783030748517

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Rethinking Nordic Courts by Laura Ervo,Pia Letto-Vanamo,Anna Nylund Pdf

This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.

Asia-Pacific Judiciaries

H. P. Lee,Marilyn Pittard
Asia Pacific Judiciaries Book PDF

Author : H. P. Lee,Marilyn Pittard
Publisher : Cambridge University Press
Page : 473 pages
File Size : 51,9 Mb
Release : 2018
Category : Law
ISBN : 9781107137721

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Asia-Pacific Judiciaries by H. P. Lee,Marilyn Pittard Pdf

Explores judicial independence, integrity and impartiality in Asia-Pacific countries.