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Author : Jeff King
Publisher : Cambridge University Press
Page : 399 pages
File Size : 54,5 Mb
Release : 2012-05-10
Category : Law
ISBN : 9781107008021
Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.
Author : Stefan Kadelbach,Thilo Rensmann,Eva Rieter
Publisher : Springer
Page : 663 pages
File Size : 49,9 Mb
Release : 2019-04-15
Category : Law
ISBN : 9783319948485
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Author : Douglas E Edlin
Publisher : University of Michigan Press
Page : 281 pages
File Size : 40,8 Mb
Release : 2016-07-29
Category : Political Science
ISBN : 9780472130023
Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity
Author : James L. Gibson,Michael J. Nelson
Publisher : Russell Sage Foundation
Page : 379 pages
File Size : 53,7 Mb
Release : 2021-08-31
Category : Political Science
ISBN : 9781610449076
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.
Author : Hazel G. Genn,Hazel Genn
Publisher : Cambridge University Press
Page : 229 pages
File Size : 45,8 Mb
Release : 2010
Category : Law
ISBN : 9780521118941
A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.
Author : Hans Petter Graver
Publisher : Springer
Page : 301 pages
File Size : 50,8 Mb
Release : 2014-09-11
Category : Law
ISBN : 9783662442937
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 48,5 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Author : Ronald Dworkin
Publisher : Unknown
Page : 448 pages
File Size : 55,6 Mb
Release : 1985-05
Category : Law
ISBN : UOM:39015008945142
This is a book about fundamental theoretical issues of political philosophy and jurisprudence: about what liberalism is and why we still need it; whether we should be skeptical about law and morality; how collective prosperity should be defined; what interpretation is and how far law is a matter of interpretation rather than invention. It is also a practical book about urgent political issues. It is above all, a book about the interplay between these two levels of our political consciousness: practical problems and philosophical theory, matters of urgency and matters of principle.
Author : Paul Brand,Joshua Getzler
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,8 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781139505574
In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
Author : Ellen Anderson
Publisher : University of Toronto Press
Page : 534 pages
File Size : 45,8 Mb
Release : 2002-01-01
Category : Biography & Autobiography
ISBN : 0802085822
Madame Justice Bertha Wilson, the first woman appointed to the Supreme Court of Canada, is an enormously influential and controversial figure in Canadian legal and political history. This engaging, authorized, intellectual biography draws on interviews conducted under the auspices of the Osgoode Society for Legal History, held in Scotland and Canada with Madame Justice Wilson, as well as with her friends, relatives, and colleagues. The biography traces Wilson's story from her birth in Scotland in 1923 to the present. Wilson's contributions to the areas of human rights law and equality jurisprudence are many and well-known. Lesser known are her early days in Scotland and her work as a minister's wife or her post-judicial work on gender equality for the Canadian Bar Association and her contributions to the Royal Commission on Aboriginal Peoples. Through a scrupulous survey of Wilson's judgements, memos, and academic writings (many as yet unpublished), Ellen Anderson shows how Wilson's life and the law were seamlessly integrated in her persistent commitment to a stance of principled contextuality. This stance has had an enduring effect on the evolution of Canadian law and cultural history. Supported with the warmth and generosity of Wilson's numerous personal anecdotes, this work illuminates the life and throught of a woman who has left an extraordinary mark on Canada's legal landscape.
Author : J. Jarpa Dawuni
Publisher : Routledge
Page : 346 pages
File Size : 44,5 Mb
Release : 2021-11-29
Category : Law
ISBN : 9781000473308
Women judges are playing increasingly prominent roles in many African judiciaries, yet there remains very little comparative research on the subject. Drawing on extensive cross-national data and theoretical and empirical analysis, this book provides a timely and broad-ranging assessment of gender and judging in African judiciaries. Employing different theoretical approaches, the book investigates how women have fared within domestic African judiciaries as both actors and litigants. It explores how women negotiate multiple hierarchies to access the judiciary, and how gender-related issues are handled in courts. The chapters in the book provide policy, theoretical and practical prescriptions to the challenges identified, and offer recommendations for the future directions of gender and judging in the post-COVID-19 era, including the role of technology, artificial intelligence, social media, and institutional transformations that can help promote women’s rights. Bringing together specific cases from Kenya, Uganda, Ghana, Nigeria, Zambia, Tanzania, and South Africa and regional bodies such as ECOWAS and the African Commission on Human and Peoples’ Rights, and covering a broad range of thematic reflections, this book will be of interest to scholars, students, and practitioners of African law, judicial politics, judicial training, and gender studies. It will also be useful to bilateral and multilateral donor institutions financing gender-sensitive judicial reform programs, particularly in Africa.
Author : Shimon Shetreet
Publisher : Brill Archive
Page : 520 pages
File Size : 53,9 Mb
Release : 1988-01-01
Category : Law
ISBN : 9024736706
Author : David Vitale
Publisher : Cambridge University Press
Page : 284 pages
File Size : 41,6 Mb
Release : 2024-02-07
Category : Law
ISBN : 9781009115896
Trust, Courts and Social Rights proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'. Interdisciplinary in nature, the book draws on theoretical and empirical scholarship on the concept of trust across disciplines, including philosophy, sociology, psychology and political theory. It integrates that scholarship with the relevant public law literature on social rights, fiduciary political theory and judicial review. In doing so, the book uses trust as an analytical lens for social rights law – importing ideas from the scholarship on trust into the social rights literature – and develops a normative argument that contributes to the controversial debate on how courts should enforce social rights. Also global in focus, the book uses cases from courts in Africa, Europe, Latin America and North America to illustrate how the trust-based framework operates in practice.
Author : Sharyn Roach Anleu,Kathy Mack
Publisher : Routledge
Page : 180 pages
File Size : 53,9 Mb
Release : 2021-02-03
Category : Law
ISBN : 9781351718158
Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.
Author : Malcolm Langford
Publisher : Cambridge University Press
Page : 128 pages
File Size : 52,5 Mb
Release : 2009-01-19
Category : Political Science
ISBN : 1139473980
In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.