Justice And Unjusticiability

Author : Ermanno Calzolaio,Luigi Lacchè
Publisher : LIT Verlag Münster
Page : 168 pages
File Size : 50,8 Mb
Release : 2020-03-10
Category : Electronic
ISBN : 9783643910998

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Justice and Unjusticiability by Ermanno Calzolaio,Luigi Lacchè Pdf

The book tries to identify the main contours of unjusticiability and non-justiciability from an historical and comparative perspective distinguishing between common law world and civil law tradition. In the light of a general overview, the aim of this publication is to reflect on the utility of paving the way for a much wider approach to unjusticiability. More precisely, some scholars have recently suggested that such a notion could embrace all the situations where a court does not decide a case, so that it is impossible for the plaintiff to have the case decided by a court. A first category covers the situations where the court refuses to judge because it does not want to judge. A second category is related to all the cases where there is an impossibility to reach a decision. Any case where the judge cannot or does not wish to make justice--si iudex non facit iustitiam--continues to indicate a series of new (and old) questions.

Author : Alice Diver,Jacinta Miller
Publisher : Springer
Page : 422 pages
File Size : 53,8 Mb
Release : 2015-12-15
Category : Law
ISBN : 9783319240169

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Justiciability of Human Rights Law in Domestic Jurisdictions by Alice Diver,Jacinta Miller Pdf

This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.

Author : Yaacov S. Zemach
Publisher : Detroit : Wayne State University Press
Page : 314 pages
File Size : 43,7 Mb
Release : 1976
Category : Law
ISBN : STANFORD:36105043685887

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Political Questions in the Courts by Yaacov S. Zemach Pdf

Author : Alexander M. Bickel
Publisher : Yale University Press
Page : 322 pages
File Size : 52,7 Mb
Release : 1986-09-10
Category : Law
ISBN : 0300173334

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The Least Dangerous Branch by Alexander M. Bickel Pdf

This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court’s power. In this way he accomplishes his stated purpose: “to have the Supreme Court’s exercise of judicial review better understood and supported and more sagaciously used.” The book now includes new foreword by Henry Wellington.Reviews of the Earlier Edition:“Dozens of books have examined and debated the court’s role in the American system. Yet there remains great need for the scholarship and perception, the sound sense and clear view Alexander Bickel brings to the discussion.... Students of the court will find much independent and original thinking supported by wide knowledge. Many judges could read the book with profit.” -Donovan Richardson, Christian Science Monitor“The Yale professor is a law teacher who is not afraid to declare his own strong views of legal wrongs... One of the rewards of this book is that Professor Bickel skillfully knits in "ations from a host of authorities and, since these are carefully documented, the reader may look them up in their settings. Among the author’s favorites is the late Thomas Reed Powell of Harvard, whose wit flashes on a good many pages.” -Irving Dillard, Saturday ReviewAlexander M. Bickel was professor of law at Yale University.

Author : Lorne Sossin
Publisher : Scarborough, Ont. : Carswell
Page : 246 pages
File Size : 41,5 Mb
Release : 1999
Category : Law
ISBN : 0459239287

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Boundaries of Judicial Review by Lorne Sossin Pdf

Author : Trevor C.W. Farrow,Lesley A. Jacobs
Publisher : UBC Press
Page : 369 pages
File Size : 50,6 Mb
Release : 2020-09-01
Category : Law
ISBN : 9780774863605

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The Justice Crisis by Trevor C.W. Farrow,Lesley A. Jacobs Pdf

Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.

Author : Shimon Shetreet,Hiram Chodosh,Helland Eric
Publisher : BRILL
Page : 588 pages
File Size : 45,9 Mb
Release : 2021-08-24
Category : Law
ISBN : 9789004421554

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Challenged Justice: In Pursuit of Judicial Independence by Shimon Shetreet,Hiram Chodosh,Helland Eric Pdf

The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.

Author : Janet Hiebert
Publisher : McGill-Queen's Press - MQUP
Page : 206 pages
File Size : 52,7 Mb
Release : 1996
Category : Law
ISBN : 0773514376

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Limiting Rights by Janet Hiebert Pdf

Limiting Rights is an in-depth exploration of who is, and who should be, responsible for determining whether legislation that conflicts with the entrenched rights of the Charter of Rights and Freedoms should nevertheless be upheld as a reasonable limit on protected rights. Janet Hiebert addresses a topic that threatens to undermine claims that what courts do can be distinguished from the discretionary decisions of policy makers and raises concerns about whether judicial review of the Charter is consistent with democratic principles.

Author : Katharine G. Young
Publisher : Cambridge University Press
Page : 711 pages
File Size : 51,6 Mb
Release : 2019-04-11
Category : Law
ISBN : 9781108418133

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The Future of Economic and Social Rights by Katharine G. Young Pdf

Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.

Author : David Kretzmer,Yaël Ronen
Publisher : Oxford University Press
Page : 352 pages
File Size : 46,7 Mb
Release : 2021-02-12
Category : Law
ISBN : 9780190696047

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The Occupation of Justice by David Kretzmer,Yaël Ronen Pdf

Judicial review by Israel's Supreme Court over actions of Israeli authorities in the territories occupied by Israel in 1967 is an important element in Israel's legal and political control of these territories. The Occupation of Justice presents a comprehensive discussion of the Court's decisions in exercising this review. This revised and expanded edition includes updated material and analysis, as well as new chapters. Inter alia, it addresses the Court's approach to its jurisdiction to consider petitions from residents of the Occupied Territories; justiciability of sensitive political issues; application and interpretation of the international law of belligerent occupation in general, and the Fourth Geneva Convention in particular; the relevance of international human rights law and Israeli constitutional law; the rights of Gaza residents after the withdrawal of Israeli forces and settlements from the area; Israeli settlements and settlers; construction of the separation barrier in the West Bank; security measures, including internment, interrogation practices, and punitive house demolitions; and judicial review of hostilities. The study examines the inherent tension involved in judicial review over the actions of authorities in a territory in which the inhabitants are not part of the political community the Court belongs to. It argues that this tension is aggravated in the context of the West Bank by the glaring disparity between the norms of belligerent occupation and the Israeli government's policies. The study shows that while the Court's review has enabled many individuals to receive a remedy, it has largely served to legitimise government policies and practices in the Occupied Territories.

Author : Malcolm Langford
Publisher : Cambridge University Press
Page : 128 pages
File Size : 55,8 Mb
Release : 2009-01-19
Category : Political Science
ISBN : 1139473980

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Social Rights Jurisprudence by Malcolm Langford Pdf

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.

Author : Jerome B. Elkind
Publisher : Martinus Nijhoff Publishers
Page : 252 pages
File Size : 44,6 Mb
Release : 1984-09-17
Category : Political Science
ISBN : 9789024729210

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Non-Appearance Before the International Court of Justice by Jerome B. Elkind Pdf

Any dreams that Europe had at last become too mature a society of states for the continent to be afficted by bloody international disputes have been shattered in recent months. This unique book examines both the sources of disputes -the delimination of boundaries, ethnic differences, human rights violations, environmental damage, drug control, etc. -& the most appropriate methods for settling them. The examination is thorough & detailed, & the result is a substantial work, authored by leading authorities, many of whom have played major roles in devising & operating dispute settlement procedures. This bilingual (English & French) volume is destined to become an important vade-mecum for diplomats & officials, & a reference work of permanent significance for students, academics & all those interested in international law & relations.

Author : Frederick Alexander Mann
Publisher : Unknown
Page : 232 pages
File Size : 40,5 Mb
Release : 1986
Category : Law
ISBN : UOM:39015011336305

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Foreign Affairs in English Courts by Frederick Alexander Mann Pdf

Considering the aspects of foreign affairs which arise in English court cases, this book treats questions regarding the relationship between international and domestic law, the sovereignty of the Crown, and the relationship between the Crown and the courts.

Author : Felix Fouchard
Publisher : Bloomsbury Publishing
Page : 286 pages
File Size : 42,7 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781509971312

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The Standard of Review before the International Court of Justice by Felix Fouchard Pdf

This book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically. As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.

Author : Thijmen Koopmans
Publisher : Cambridge University Press
Page : 332 pages
File Size : 44,5 Mb
Release : 2003-09-04
Category : Juvenile Nonfiction
ISBN : 0521533996

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Courts and Political Institutions by Thijmen Koopmans Pdf

Considers the relation between law and politics, including human rights, federalism and equal protection.