Law Ideology And Collegiality

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Law, Ideology, and Collegiality

Donald R. Songer
Law Ideology and Collegiality Book PDF

Author : Donald R. Songer
Publisher : McGill-Queen's Press - MQUP
Page : 237 pages
File Size : 44,5 Mb
Release : 2012
Category : Law
ISBN : 9780773539280

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Law, Ideology, and Collegiality by Donald R. Songer Pdf

In a ground-breaking study on the nature of judicial behaviour in the Supreme Court of Canada, Donald Songer, Susan Johnson, C.L. Ostberg, and Matthew Wetstein use three specific research strategies to consider the ways in which justices seek to make decisions grounded in "good law" and to show how these decisions are shaped within a collegial court. The authors use confidential interviews with Supreme Court justices, analysis of their rulings from 1970 to 2005, and measures that tap their perceived ideological tendencies to provide a critical examination of the ideological roots of judicial decision making, uncovering the complexity of contemporary judicial behaviour. Examining judicial behaviour through the lens of three different research strategies grounded in qualitative and quantitative methodologies,Law, Ideology, and Collegialitypresents compelling evidence that political ideology is a key factor in decision making and a prominent source of conflict in the Supreme Court of Canada.

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 : 50,5 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.

Dialogues on Italian Constitutional Justice

Vittoria Barsotti,Paolo G. Carozza,Marta Cartabia,Andrea Simoncini
Dialogues on Italian Constitutional Justice Book PDF

Author : Vittoria Barsotti,Paolo G. Carozza,Marta Cartabia,Andrea Simoncini
Publisher : Routledge
Page : 407 pages
File Size : 52,9 Mb
Release : 2021-04-27
Category : Law
ISBN : 9781000217476

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Dialogues on Italian Constitutional Justice by Vittoria Barsotti,Paolo G. Carozza,Marta Cartabia,Andrea Simoncini Pdf

This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.

Researching Public Law in Common Law Systems

Paul Daly,Joe Tomlinson
Researching Public Law in Common Law Systems Book PDF

Author : Paul Daly,Joe Tomlinson
Publisher : Edward Elgar Publishing
Page : 307 pages
File Size : 42,7 Mb
Release : 2023-09-06
Category : Law
ISBN : 9781789904383

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Researching Public Law in Common Law Systems by Paul Daly,Joe Tomlinson Pdf

This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law; a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research.

Commitment and Cooperation on High Courts

Benjamin Alarie,Andrew J. Green
Commitment and Cooperation on High Courts Book PDF

Author : Benjamin Alarie,Andrew J. Green
Publisher : Oxford University Press
Page : 200 pages
File Size : 50,5 Mb
Release : 2017-07-25
Category : Law
ISBN : 9780190466404

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Commitment and Cooperation on High Courts by Benjamin Alarie,Andrew J. Green Pdf

Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.

Tracings of Gerald Le Dain's Life in the Law

G. Blaine Baker,Richard Janda
Tracings of Gerald Le Dain s Life in the Law Book PDF

Author : G. Blaine Baker,Richard Janda
Publisher : McGill-Queen's Press - MQUP
Page : 465 pages
File Size : 48,6 Mb
Release : 2019-05-30
Category : Biography & Autobiography
ISBN : 9780773556188

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Tracings of Gerald Le Dain's Life in the Law by G. Blaine Baker,Richard Janda Pdf

Gerald Le Dain (1924–2007) was appointed to the Supreme Court of Canada in 1984. This collectively written biography traces fifty years of his steady, creative, and conciliatory involvement with military service, the legal academy, legislative reform, university administration, and judicial decision-making. This book assembles contributions from the in-house historian of the law firm where Le Dain first practised, from students and colleagues in the law schools where he taught, from a research associate in his Commission of Inquiry into the non-medical use of drugs, from two of his successors on the Federal Court of Appeal, and from three judicial clerks to Le Dain at the Supreme Court of Canada. Also reproduced here is a transcript of a recent CBC documentary about his 1988 forced resignation from the Supreme Court following a short-term depressive illness, with commentary from Le Dain’s family and co-workers. Gerald Le Dain was a tireless worker and a highly respected judge. In a series of essays that cover the different periods and dimensions of his career, Tracings of Gerald Le Dain’s Life in the Law is an important and compassionate account of one man's commitment to the law in Canada. Contributors include Harry W. Arthurs, G. Blaine Baker, Bonnie Brown, Rosemary Cairns-Way, John M. Evans, Melvyn Green, Bernard J. Hibbitts, Peter W. Hogg, Richard A. Janda, C. Ian Kyer, Andree Lajoie, Gerald E. Le Dain, Allen M. Linden, Roderick A. Macdonald, Louise Rolland, and Stephen A. Scott.

Apex Courts and the Common Law

Paul Daly
Apex Courts and the Common Law Book PDF

Author : Paul Daly
Publisher : University of Toronto Press
Page : 423 pages
File Size : 55,7 Mb
Release : 2019-04-08
Category : Law
ISBN : 9781487530174

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Apex Courts and the Common Law by Paul Daly Pdf

For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law – such as political science, history, and sociology – who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.

Jurisprudence as Ideology

Valerie Kerruish
Jurisprudence as Ideology Book PDF

Author : Valerie Kerruish
Publisher : Routledge
Page : 216 pages
File Size : 43,5 Mb
Release : 2005-11-10
Category : Law
ISBN : 9781134879861

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Jurisprudence as Ideology by Valerie Kerruish Pdf

In Jurisprudence as Ideology, Valerie Kerruish asks how it is that people who are put down, let down and kept down by law can be thought to have a general political obligation to obey it. She engages with contemporary issues in socialist, feminist and critical legal theory, and links these issues to debates in jurisprudence and the philosophy and sociology of law.

Value Change in the Supreme Court of Canada

Matthew E. Wetstein,Cynthia L Ostberg
Value Change in the Supreme Court of Canada Book PDF

Author : Matthew E. Wetstein,Cynthia L Ostberg
Publisher : University of Toronto Press
Page : 360 pages
File Size : 43,6 Mb
Release : 2017-06-16
Category : Law
ISBN : 9781487513085

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Value Change in the Supreme Court of Canada by Matthew E. Wetstein,Cynthia L Ostberg Pdf

Value Change in the Supreme Court of Canada is a groundbreaking analysis of the degree to which Supreme Court decisions reflect the changing values of society over the past four decades. Focusing on three key areas of law: environmental disputes, free speech, and discrimination cases, Wetstein and Ostberg provide a revealing analysis of the language used by Supreme Court justices in landmark rulings in order to document the way that value changes are transmitted into the legal and political landscape. Bolstered by a comprehensive and nuanced blend of research methods, Value Change in the Supreme Court of Canada offers a sweeping analysis of pre- and post-Charter influences, one that will be of significant interest to political scientists, lawyers, journalists, and anyone interested in the increasingly powerful role of the Supreme Court.

Constitutional Crossroads

Kate Puddister,Emmett Macfarlane
Constitutional Crossroads Book PDF

Author : Kate Puddister,Emmett Macfarlane
Publisher : UBC Press
Page : 521 pages
File Size : 42,7 Mb
Release : 2022-12-01
Category : Political Science
ISBN : 9780774867948

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Constitutional Crossroads by Kate Puddister,Emmett Macfarlane Pdf

Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. Constitutional Crossroads brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 constitutional reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective assessments of issues such as sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change.

Checking the Courts

Kirk A. Randazzo,Richard W. Waterman
Checking the Courts Book PDF

Author : Kirk A. Randazzo,Richard W. Waterman
Publisher : State University of New York Press
Page : 218 pages
File Size : 53,5 Mb
Release : 2014-07-31
Category : Political Science
ISBN : 9781438452890

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Checking the Courts by Kirk A. Randazzo,Richard W. Waterman Pdf

How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.

Gender and the Court of Justice of the European Union

Jessica Guth,Sanna Elfving
Gender and the Court of Justice of the European Union Book PDF

Author : Jessica Guth,Sanna Elfving
Publisher : Routledge
Page : 231 pages
File Size : 41,5 Mb
Release : 2018-07-27
Category : Law
ISBN : 9781351855099

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Gender and the Court of Justice of the European Union by Jessica Guth,Sanna Elfving Pdf

Offering an alternative exploration of the Court of Justice of the European Union (CJEU) and its work, this book aims to start a conversation between legal, political and gendered examinations of the Court of Justice and some of the substantive areas of law it is concerned with. In doing so, it provides a broader and more holistic view of the Court and its work which can add to our understanding of the institution, its role and its case law as well as the contribution it can and does make to shaping law and policy and EU and national level.

Toward an Informal Account of Legal Interpretation

Allan C. Hutchinson
Toward an Informal Account of Legal Interpretation Book PDF

Author : Allan C. Hutchinson
Publisher : Cambridge University Press
Page : 199 pages
File Size : 44,6 Mb
Release : 2016-10-20
Category : Law
ISBN : 9781107152328

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Toward an Informal Account of Legal Interpretation by Allan C. Hutchinson Pdf

The book challenges all formalist accounts of legal interpretation and offers an 'informal' alternative.

A Court of Specialists

Chris Hanretty
A Court of Specialists Book PDF

Author : Chris Hanretty
Publisher : Oxford University Press
Page : 323 pages
File Size : 46,5 Mb
Release : 2020-03-03
Category : Law
ISBN : 9780197509258

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A Court of Specialists by Chris Hanretty Pdf

This book offers the first quantitative study of decision-making on the UK Supreme Court. Covering the court's first ten years, it examines all stages of the court's decision-making process--from permission to appeal to the decision on the final outcome. The analysis of these distinct stages shows that legal factors matter. The most important predictor of whether an appellant will succeed in the Supreme Court is whether they've been able to convince judges in lower courts. The most important predictor of whether a case will be heard at all is whether it has been written up in multiple weekly law reports. But "legal factors mattering" doesn't mean that judges on the court are simply identical expressions of the law. The nature of the UK's court system means that judges arrive on the court as specialists in one or more areas of law (such as commercial law or family law), or even systems of law (the court's Scottish and Northern Irish judges). These specialisms markedly affect behavior on the court. Specialists in an area of law are more likely to hear cases in that area, and are more likely to write the lead opinion in that area. Non-specialists are less likely to disagree with specialists, and so disagreement is more likely to emerge when multiple specialists end up on the panel. Although political divisions between the justices do exist, these differences are much less marked than the divisions between experts in different areas of the law. The best way of understanding the UK Supreme Court is therefore to see it as a court of specialists.

Democracy and Constitutions

Allan C. Hutchinson
Democracy and Constitutions Book PDF

Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 44,6 Mb
Release : 2021
Category : Constitutional law
ISBN : 9781487507930

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Democracy and Constitutions by Allan C. Hutchinson Pdf

Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.