Justice Versus Judiciary

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Justice Versus Judiciary

Sudhanshu Ranjan
Justice Versus Judiciary Book PDF

Author : Sudhanshu Ranjan
Publisher : Oxford University Press, USA
Page : 320 pages
File Size : 42,9 Mb
Release : 2019-07-12
Category : Law
ISBN : 019949049X

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Justice Versus Judiciary by Sudhanshu Ranjan Pdf

There can be no dispute that the judges of the high courts and the Supreme Court of India wield tremendous powers. However, power comes with a price which bestows huge responsibility and calls for strict adherence to dos and don'ts. This book builds upon this narrative and advocates that judges must be made accountable not only in respect of their personal conduct and integrity, but also in respect of the judicial verdicts they deliver. The work emphasizes that the need for judicial accountability has increased in recent times as the judiciary is, nowadays, performing not only judicial functions, but virtually executive functions also, for which the government is accountable to the people. The author, in particular, critically discusses Articles 141, 142, and 144, which make the Supreme Court the most powerful institution in the country, and Articles 32 and 136, which also confer wide powers on it. Using these powers, the apex court sometimes, unmindful of the budgetary and other vital implications, passes orders which are simply not implementable. For example, the intervention of the Supreme Court in the matter of the interlinking of rivers, a policy decision which falls clearly in the domain of the Executive. The book advocates the need for judicial accountability to save the institutions of justice from turning autocratic and narcissistic.

Justice and the Judiciary

Georghios M. Pikis
Justice and the Judiciary Book PDF

Author : Georghios M. Pikis
Publisher : Martinus Nijhoff Publishers
Page : 129 pages
File Size : 48,5 Mb
Release : 2012-08-01
Category : Law
ISBN : 9789004232396

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Justice and the Judiciary by Georghios M. Pikis Pdf

The book is meant to elucidate the concept of justice and its dictates in the various fields of life as well as the implications of injustice. Human rights, the rule of law and democracy are the offspring of justice. The Judiciary is the agent of justice, the persona of justice, trusted to uphold justice in the ever-changing circumstances of life. Of old, justice was perceived as encompassing all virtues. It has a pananthropic character charting the way for symmetry in life and the ascent of man. The book has a lego-philosophical character of interest to every anthropological and societal discipline.

The Judge, the Judiciary and the Court

Gabrielle Appleby,Andrew Lynch
The Judge the Judiciary and the Court Book PDF

Author : Gabrielle Appleby,Andrew Lynch
Publisher : Cambridge University Press
Page : 341 pages
File Size : 54,7 Mb
Release : 2021-04-29
Category : Law
ISBN : 9781108494618

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The Judge, the Judiciary and the Court by Gabrielle Appleby,Andrew Lynch Pdf

Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.

Judges Against Justice

Hans Petter Graver
Judges Against Justice Book PDF

Author : Hans Petter Graver
Publisher : Springer
Page : 297 pages
File Size : 45,8 Mb
Release : 2014-09-11
Category : Law
ISBN : 9783662442937

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Judges Against Justice by Hans Petter Graver Pdf

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?

Ethical Principles for Judges

Canadian Judicial Council
Ethical Principles for Judges Book PDF

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 45,9 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

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.

The Judicial System

Carlo Guarnieri,Patrizia Pederzoli
The Judicial System Book PDF

Author : Carlo Guarnieri,Patrizia Pederzoli
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 49,7 Mb
Release : 2020-05-29
Category : Law
ISBN : 9781839100369

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The Judicial System by Carlo Guarnieri,Patrizia Pederzoli Pdf

This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits.

Justice versus Judiciary

Sudhanshu Ranjan
Justice versus Judiciary Book PDF

Author : Sudhanshu Ranjan
Publisher : Oxford University Press
Page : 400 pages
File Size : 51,7 Mb
Release : 2019-04-17
Category : Law
ISBN : 9780199096268

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Justice versus Judiciary by Sudhanshu Ranjan Pdf

There can be no dispute that the judges of the high courts and the Supreme Court of India wield tremendous powers. However, power comes with a price which bestows huge responsibility. Building on this narrative, the book advocates that judges must be made accountable not only in respect of their personal conduct and integrity, but also in respect of the judicial verdicts they deliver. This book, thus, critically discusses Articles 141, 142, and 144, which make the Supreme Court the most powerful institution in the country, and Articles 32 and 136, which also confer wide powers on it. Using these powers, the apex court sometimes, unmindful of the budgetary and other vital implications, tends to pass orders which lack the scope for implementation. The book suggests measures to improve the functioning of Indian judicial system and save the institutions of justice from turning autocratic and narcissistic.

Justice, Judocracy and Democracy in India

Sudhanshu Ranjan
Justice Judocracy and Democracy in India Book PDF

Author : Sudhanshu Ranjan
Publisher : Routledge
Page : 359 pages
File Size : 54,5 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781317809777

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Justice, Judocracy and Democracy in India by Sudhanshu Ranjan Pdf

This book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.

Fighting for Justice

Elizabeth Gibson-Morgan
Fighting for Justice Book PDF

Author : Elizabeth Gibson-Morgan
Publisher : University of Wales Press
Page : 306 pages
File Size : 50,9 Mb
Release : 2021-06-15
Category : Law
ISBN : 9781786837479

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Fighting for Justice by Elizabeth Gibson-Morgan Pdf

This is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.

Challenged Justice: In Pursuit of Judicial Independence

Shimon Shetreet,Hiram Chodosh,Helland Eric
Challenged Justice In Pursuit of Judicial Independence Book PDF

Author : Shimon Shetreet,Hiram Chodosh,Helland Eric
Publisher : BRILL
Page : 588 pages
File Size : 54,7 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.

The Judicial Tug of War

Adam Bonica,Maya Sen
The Judicial Tug of War Book PDF

Author : Adam Bonica,Maya Sen
Publisher : Cambridge University Press
Page : 335 pages
File Size : 49,6 Mb
Release : 2020-12-17
Category : Law
ISBN : 9781108841368

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The Judicial Tug of War by Adam Bonica,Maya Sen Pdf

Presents a novel theory explaining how and why politicians and lawyers politicise courts.

Without Fear or Favor

G. Tarr
Without Fear or Favor Book PDF

Author : G. Tarr
Publisher : Stanford University Press
Page : 0 pages
File Size : 51,6 Mb
Release : 2012-09-19
Category : Law
ISBN : 080476039X

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Without Fear or Favor by G. Tarr Pdf

The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning conceptions of judicial independence and accountability emerged, and when and how did conflict over them develop? In part, the analysis is theoretical: what is the proper understanding of judicial independence and accountability? Tarr concludes the book by identifying the challenges to state-level judicial independence and accountability that have emerged in recent decades, assessing the solutions offered by the competing sides, and offering proposals for how to strike the appropriate balance between independence and accountability.

Criminal Law in the Age of the Administrative State

Vincent Chiao
Criminal Law in the Age of the Administrative State Book PDF

Author : Vincent Chiao
Publisher : Studies in Penal Theory and Ph
Page : 289 pages
File Size : 53,8 Mb
Release : 2018-11-12
Category : Law
ISBN : 9780190273941

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Criminal Law in the Age of the Administrative State by Vincent Chiao Pdf

What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.

Judicial Power

Christine Landfried
Judicial Power Book PDF

Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 47,5 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667

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Judicial Power by Christine Landfried Pdf

Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

Judicial Activism

Luís Pereira Coutinho,Massimo La Torre,Steven D. Smith
Judicial Activism Book PDF

Author : Luís Pereira Coutinho,Massimo La Torre,Steven D. Smith
Publisher : Springer
Page : 206 pages
File Size : 45,6 Mb
Release : 2015-05-26
Category : Law
ISBN : 9783319185491

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Judicial Activism by Luís Pereira Coutinho,Massimo La Torre,Steven D. Smith Pdf

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.