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Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 43,9 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Author : Mitchel de S.-O.-l'E. Lasser
Publisher : Blackstone Press
Page : 359 pages
File Size : 50,6 Mb
Release : 2009-07-30
Category : Language Arts & Disciplines
ISBN : 9780199570775
The importance of fundamental rights is exploding across all areas of law in Europe. Grounded in comparative law and political science, this book explores the causes of the rights revolution, and its impact on European judiciaries.
Author : Alan Uzelac,Cornelis Hendrik (Remco) van Rhee
Publisher : Springer
Page : 420 pages
File Size : 52,6 Mb
Release : 2018-09-03
Category : Law
ISBN : 9783319973586
National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.
Author : Zdenek Kühn
Publisher : BRILL
Page : 336 pages
File Size : 55,9 Mb
Release : 2011-10-28
Category : Law
ISBN : 9789047429005
The book analyses the judicial culture in East Central Europe from the era of Stalinism up to the post-Communist period of the 1990s and 2000s. The book targets the judicial ideology and the conception of law, phenomena most resistant to change.
Author : Roberto Gargarella,Theunis Roux
Publisher : Routledge
Page : 323 pages
File Size : 46,5 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351947954
Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.
Author : Tamara Perišin,Siniša Rodin
Publisher : Bloomsbury Publishing
Page : 357 pages
File Size : 48,9 Mb
Release : 2018-03-08
Category : Law
ISBN : 9781509907274
It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.
Author : Donald R. Songer
Publisher : University of Toronto Press
Page : 305 pages
File Size : 49,7 Mb
Release : 2008-01-01
Category : Political Science
ISBN : 9780802096890
The first book on the Supreme Court to incorporate extensive in-depth interviews with former justices, this study provides both insiders' accounts of how decisions are made and an empirical analysis of more than 3,000 Court decisions.
Author : Michael G. Peletz
Publisher : Univ of California Press
Page : 307 pages
File Size : 42,7 Mb
Release : 2020-03-06
Category : Social Science
ISBN : 9780520974470
Few symbols in today’s world are as laden and fraught as sharia—an Arabic-origin term referring to the straight path, the path God revealed for humans, the norms and rules guiding Muslims on that path, and Islamic law and normativity as enshrined in sacred texts or formal statute. Yet the ways in which Muslim men and women experience the myriad dimensions of sharia often go unnoticed and unpublicized. So too do recent historical changes in sharia judiciaries and contemporary strategies on the part of political and religious elites, social engineers, and brand stewards to shape, solidify, and rebrand these institutions. Sharia Transformations is an ethnographic, historical, and theoretical study of the practice and lived entailments of sharia in Malaysia, arguably the most economically successful Muslim-majority nation in the world. The book focuses on the routine everyday practices of Malaysia’s sharia courts and the changes that have occurred in the court discourses and practices in recent decades. Michael G. Peletz approaches Malaysia’s sharia judiciary as a global assemblage and addresses important issues in the humanistic and social-scientific literature concerning how Malays and other Muslims engage ethical norms and deal with law, social justice, and governance in a rapidly globalizing world.
Author : Christine Landfried
Publisher : Cambridge University Press
Page : 0 pages
File Size : 46,9 Mb
Release : 2020-04-02
Category : Law
ISBN : 1108443095
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author : OECD
Publisher : OECD Publishing
Page : 103 pages
File Size : 55,7 Mb
Release : 2020-03-02
Category : Electronic
ISBN : 9789264499478
Portugal has embarked on an ambitious agenda to guide the transformation of the justice sector. The report takes stock of the Portugal's justice sector modernisaton reforms and more current efforts to make the justice sector more transparent, accessible and effective.
Author : Franz von Benda-Beckmann,Keebet von Benda-Beckmann
Publisher : Cambridge University Press
Page : 529 pages
File Size : 54,7 Mb
Release : 2013-08-15
Category : Law
ISBN : 9781107038592
This book explores the relationships between matrilineal, Islamic and state law, and investigates the dynamics of legal pluralism, governance and property relationships.
Author : James M. Donovan
Publisher : Univ of North Carolina Press
Page : 273 pages
File Size : 48,7 Mb
Release : 2010-02-01
Category : Law
ISBN : 9780807895771
James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.
Author : Richard Pacelle
Publisher : Routledge
Page : 210 pages
File Size : 45,5 Mb
Release : 2019-06-26
Category : Political Science
ISBN : 9781000306453
When we think of judicial activism–the Court's role in making public policy–we often focus on individuals: the Robert Borks or Thurgood Marshalls of the times. In this book, Richard Pacelle explores the institutional judicial activism of the Supreme Court through the dramatic changes in its agenda as it has evolved from 1933 to the present. Once dominated by economic issues, the Supreme Court's agenda is now populated largely by cases involving individual rights and liberties. This shift is hardly accidental, Pacelle argues, and he offers quantitative as well as qualitative assessments of the means and motivations for change. Over 7,500 cases serve as the basis of analysis, and the narrative is amplified by informative appendixes: an explanation of the author's case taxonomy, a chronology of the Court's chief justices, a list of cases cited, and a digest of key cases. The systematic framework provided for tracing historical changes in the Supreme Court's agenda is the first of its kind and is sure to be valuable in future analyses and projections of coming change beyond the Rehnquist Court.
Author : Liviu Damşa
Publisher : Springer
Page : 311 pages
File Size : 48,5 Mb
Release : 2017-01-03
Category : Law
ISBN : 9783319485300
This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.
Author : Franz von Benda-Beckmann,Keebet von Benda-Beckmann
Publisher : Cambridge University Press
Page : 529 pages
File Size : 45,7 Mb
Release : 2013-08-15
Category : Law
ISBN : 9781107434844
Political and Legal Transformations of an Indonesian Polity is a long-term study of the historical transformations of the Minangkabau polity of nagari, property relations and the ever-changing dynamic relationships between Minangkabau matrilineal adat law, Islamic law and state law. While the focus is on the period since the fall of President Suharto in 1998, the book charts a long history of political and legal transformations before and after Indonesia's independence, in which the continuities are as notable as the changes. It also throws light on the transnational processes through which legal and political ideas spread and acquire new meanings. The multi-temporal historical approach adopted is also relevant to the more general discussions of the relationship between anthropology and history, the creation of customary law, identity construction, and the anthropology of colonialism.