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Author : Kent Roach
Publisher : University of Toronto Press
Page : 414 pages
File Size : 55,8 Mb
Release : 1999-01-01
Category : Philosophy
ISBN : 080200931X
A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.
Author : James E. Fleming
Publisher : University of Chicago Press
Page : 285 pages
File Size : 40,7 Mb
Release : 2022-08-30
Category : Law
ISBN : 9780226821412
A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
Author : Alfred Thompson Denning Baron Denning
Publisher : Butterworth-Heinemann
Page : 263 pages
File Size : 54,6 Mb
Release : 1980-01-01
Category : Due process of law
ISBN : 0406176078
Two central themes run through this book. The first is the workings of the various 'measures authorised by the law so as to keep the streams of justice pure', and the second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife.
Author : Cristina Teleki
Publisher : BRILL
Page : 392 pages
File Size : 40,6 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9789004447493
In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Author : E. Thomas Sullivan,Toni M. Massaro
Publisher : Oxford University Press
Page : 264 pages
File Size : 52,8 Mb
Release : 2013-07-04
Category : Law
ISBN : 9780199990801
In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.
Author : Franco Ferrari,Friedrich Rosenfeld,Dietmar Czernich
Publisher : Kluwer Law International B.V.
Page : 471 pages
File Size : 53,7 Mb
Release : 2020-09-25
Category : Law
ISBN : 9789403519753
The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.
Author : Charles T. Kotuby, Jr.,Luke A. Sobota,Center for International Legal Education (CILE) University of Pittsburgh School of Law
Publisher : Oxford University Press
Page : 288 pages
File Size : 41,7 Mb
Release : 2017-02-15
Category : Law
ISBN : 9780190642723
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author : Linda Mulcahy
Publisher : Routledge
Page : 221 pages
File Size : 50,8 Mb
Release : 2010-12-16
Category : Architecture
ISBN : 9781136862199
Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.
Author : J. A. Jance
Publisher : Harper Collins
Page : 368 pages
File Size : 51,5 Mb
Release : 2009-10-13
Category : Fiction
ISBN : 9780061760938
A spellbinding story of lies, betrayal, and multiple murder featuring Seattle detective J.P. Beaumont. What kind of monster would break into a man’s home at night, then slaughter him and his family? The fact that the dead man was a model cop who was loved and respected by all only intensifies the horror. But the killer missed someone: a five-year-old boy who was hiding in the closet. Now word is being leaked out that the victim was “dirty.” But Seattle P.D. Homicide Detective J.P. Beaumont isn’t about to let anyone drag a murdered friend’s reputation through the muck. And he’ll put his own life on the firing line on the gang-ruled streets to save a terrified child who knows too much to live.
Author : Larry May
Publisher : Cambridge University Press
Page : 261 pages
File Size : 44,9 Mb
Release : 2010-12-09
Category : Philosophy
ISBN : 9781139494649
The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.
Author : Susan Rose-Ackerman,Stefanie Egidy,James Fowkes
Publisher : Cambridge University Press
Page : 309 pages
File Size : 41,9 Mb
Release : 2015-01-22
Category : Law
ISBN : 9781107043671
This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.
Author : Abhinav Chandrachud
Publisher : Unknown
Page : 302 pages
File Size : 47,5 Mb
Release : 2011
Category : Constitutional law
ISBN : 9350286750
Product Details: Format: Hardcover/eBook Pages: 302 pages Publisher: Eastern Book Company Language: english ISBN: 9789350286753 Dimensions: 24.3 CM X 3 CM X 16 CM Shipping Weight: 0.58 Publisher Code: AB/675 EBC Reader Version: The above eBook is available only on the EBC Reader App, download the free application on the Apple iPad. Click above for more details. Table Of Contents: Table of Cases Introduction 1. Introduction 2. Meaning of Substantive Due Process 3. Due Process of Law and the Constituent Assembly of India 4. The Early Year 5. The Birth of Procedural Due Process 6. Substantive Due Process 7. Conclusion Subject Index
Author : Roza Pati
Publisher : Martinus Nijhoff Publishers
Page : 533 pages
File Size : 49,6 Mb
Release : 2009
Category : Law
ISBN : 9789004172388
Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
Author : Tanya Golash-Boza
Publisher : Routledge
Page : 128 pages
File Size : 52,9 Mb
Release : 2012-04-23
Category : Social Science
ISBN : 9781136342288
Due process protections are among the most important Constitutional protections in the United States, yet they do not apply to non-citizens facing detention and deportation. Due Process Denied describes the consequences of this lack of due process through the stories of deportees and detainees. People who have lived nearly all of their lives in the United States have been detained and deported for minor crimes, without regard for constitutional limits on disproportionate punishment. The court's insistence that deportation is not punishment does not align with the experiences of deportees. For many, deportation is one of the worst imaginable punishments.
Author : Alfred Denning
Publisher : OUP Oxford
Page : 282 pages
File Size : 45,7 Mb
Release : 1980-01-11
Category : Law
ISBN : 9780191018558
Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure" - that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.