On Judicial And Quasi Judicial Independence

On Judicial And Quasi Judicial Independence Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of On Judicial And Quasi Judicial Independence book. This book definitely worth reading, it is an incredibly well-written.

On Judicial and Quasi-judicial Independence

Suzanne Comtois,Kars Jan Graaf
On Judicial and Quasi judicial Independence Book PDF

Author : Suzanne Comtois,Kars Jan Graaf
Publisher : Eleven International Pub
Page : 219 pages
File Size : 43,5 Mb
Release : 2013
Category : Law
ISBN : 9462360944

Get Book

On Judicial and Quasi-judicial Independence by Suzanne Comtois,Kars Jan Graaf Pdf

This volume of the 'Netherlands Institute for Law and Governance Series' is the result of an international conference on the theme 'Judicial and Quasi-Judicial Independence' held on 25 May 2012 in Groningen, the Netherlands. It is the objective of this book, as of the conference that preceded it, to bring together eminent judges and scholars, from various jurisdictions to reflect on the fundamental principles of judicial and quasi-judicial independence, to help clarify the concepts and to discuss the threats and challenges that call for different safeguards or solutions.

Unjust by Design

Ron Ellis
Unjust by Design Book PDF

Author : Ron Ellis
Publisher : UBC Press
Page : 388 pages
File Size : 45,9 Mb
Release : 2013-03-01
Category : Law
ISBN : 9780774824804

Get Book

Unjust by Design by Ron Ellis Pdf

Canadian legislatures regularly assign what are truly court functions to non-court, government tribunals. These executive branch “judicial” tribunals are surrogate courts and together comprise a little-known system of administrative justice that annually makes hundreds of thousands of contentious, life-altering judicial decisions concerning the everyday rights of both individuals and businesses. This book demonstrates that, except perhaps in Quebec, the administrative justice system is a justice system in name only. Failing to conform to rule-of-law principles or constitutional norms, its tribunals are neither independent nor impartial and are only providentially competent. Unjust by Design describes a justice system in transcendent need of major restructuring and provides a blueprint for change.

The World Bank Inspection Panel and Quasi-judicial Oversight

Andria Naudé Fourie
The World Bank Inspection Panel and Quasi judicial Oversight Book PDF

Author : Andria Naudé Fourie
Publisher : Unknown
Page : 400 pages
File Size : 52,7 Mb
Release : 2009
Category : Business & Economics
ISBN : STANFORD:36105134499388

Get Book

The World Bank Inspection Panel and Quasi-judicial Oversight by Andria Naudé Fourie Pdf

This book conceptualizes the World Bank Inspection Panel as a mechanism of quasi-judicial review or oversight, aimed at enhancing the accountability and legitimacy of the World Bank, which is conceived as an international institution exercising public power. The author engages in comparative constitutional law analysis, looking towards three non-international constitutional systems - the United States, the European Union, and post-Apartheid South Africa - to construct a conceptual model of judicial oversight that reflects the concept's nature, effect, and dynamics. The author employs this model to analyze the institutional history and practice of the World Bank Inspection Panel, covering the Panel's entire institutional lifespan. The author concludes that the nature, effect, and dynamics of judicial oversight - indeed, the "judicial spirit" - is more alive in this area of public international law than what might be expected. This book will be of interest to both constitutional and international lawyers, as well as legal practitioners and members of international civil society frequently engaging with international financial institutions such as the World Bank.

Quasi-Judicial Proceedings

Chidambaram Ramesh
Quasi Judicial Proceedings Book PDF

Author : Chidambaram Ramesh
Publisher : Unknown
Page : 152 pages
File Size : 46,9 Mb
Release : 2012-07-07
Category : Law
ISBN : 1478203161

Get Book

Quasi-Judicial Proceedings by Chidambaram Ramesh Pdf

There are numerous areas of daily life where quasi-judicial decisions affect the lives of ordinary people. Our constitution envisages a welfare state in which every citizen must have justice – social, economical and political. During performance of its functions, the State has to strike a balance between the competing private rights of the citizens and the interests of the State. The increased role of government in a welfare state has brought about a proliferation of disputes between the citizens and the government departments. Again, the subjects of dispute are so complex and technical that the conventional judges can hardly cope up with. The number of such disputes is also too big to be handled by the traditional court system. These disputes can often be better dealt with by experts in the respective fields rather than by conventional judges. It is not an exaggeration to say that the administrative adjudicators render more decisions than the judges decide in the traditional court system. Thus the administrative justice is increasingly considered not only on the basis of rule of law, but as a necessity of good governance. Chidambaram Ramesh' “Quasi-judicial Proceedings” explains the basic principles of quasi-judicial proceedings lucidly and with the aid of relevant case laws. The book discusses all the essential aspects of a quasi-judicial order, such as, elements of a fair quasi-judicial hearing, nature of the proceedings, principles of natural justice, techniques on judgment writing, judicial review and the powers of the inquiry officer under the Code of Civil Procedure. It brings together important ideas and experiences about how quasi-judicial authorities are to go about their role of conducting a quasi-judicial hearing and tries to demystify the task of drafting a credible, professional and dignified quasi-judicial order. Being the first book in India exclusively on quasi-judicial matters, and illustrated richly with many judicial references, the main object of the publication is to provide an overview of what constitutes a quasi-judicial order and how to make it withstand the wider test of judicial scrutiny.

Judicial Control of Public Administration in Afghanistan

Mirwais Ayobi
Judicial Control of Public Administration in Afghanistan Book PDF

Author : Mirwais Ayobi
Publisher : LIT Verlag
Page : 284 pages
File Size : 42,6 Mb
Release : 2022-05-10
Category : Political Science
ISBN : 9783643963932

Get Book

Judicial Control of Public Administration in Afghanistan by Mirwais Ayobi Pdf

Judicial control of public administration is essential for the realisation of the rule of law and democracy. To date, there is virtually no effective judicial protection in Afghanistan. However, a study of Afghan legal history suggests that the country has certain - currently underdeveloped - institutions that could be used as the basis for the creation of judicial control. Based on a historical study, the book elaborates the pluralist legal culture of Afghanistan, rooted in tribal and Islamic legal conceptions alongside a State legal system. The author proposes practical solutions for the development of judicial control of public administration in Afghanistan. Dr. Mirwais Ayobi has more than a decade of experience as an assistant professor of law and political science in Afghanistan. His work focuses on administrative law, constitutional law, public administration and judicial review.

The Global Expansion of Judicial Power

C Neal Tate,Torbjorn Vallinder
The Global Expansion of Judicial Power Book PDF

Author : C Neal Tate,Torbjorn Vallinder
Publisher : NYU Press
Page : 482 pages
File Size : 53,8 Mb
Release : 1997-06-01
Category : Political Science
ISBN : 9780814770061

Get Book

The Global Expansion of Judicial Power by C Neal Tate,Torbjorn Vallinder Pdf

In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.

A Place Apart

Martin L. Friedland,Canadian Judicial Council
A Place Apart Book PDF

Author : Martin L. Friedland,Canadian Judicial Council
Publisher : Canadian Government Publishing
Page : 432 pages
File Size : 49,7 Mb
Release : 1995
Category : Government publications
ISBN : UIUC:30112021681413

Get Book

A Place Apart by Martin L. Friedland,Canadian Judicial Council Pdf

How accountable are judges for their decisions? Should they have greater independence? This study, by University of Toronto law professor Martin Friedland, examines the judiciary in Canada from a variety of perspectives and provides recommendations on these issues to the Canadian Judicial Council. Persons consulted include not only judges but also lawyers, government officials, administrators, and others. Topics include judicial selection, discipline, the administration of the courts, and more.

Judicial Power

Christine Landfried
Judicial Power Book PDF

Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 41,8 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667

Get Book

Judicial Power by Christine Landfried Pdf

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

Towards Juristocracy

Ran Hirschl
Towards Juristocracy Book PDF

Author : Ran Hirschl
Publisher : Harvard University Press
Page : 306 pages
File Size : 49,5 Mb
Release : 2009-06-30
Category : Law
ISBN : 0674038673

Get Book

Towards Juristocracy by Ran Hirschl Pdf

In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

Understanding Administrative Law in the Common Law World

Paul Daly
Understanding Administrative Law in the Common Law World Book PDF

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 41,7 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

Get Book

Understanding Administrative Law in the Common Law World by Paul Daly Pdf

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Quangos, Accountability and Reform

Martin J. Smith,Matthew V. Flinders
Quangos Accountability and Reform Book PDF

Author : Martin J. Smith,Matthew V. Flinders
Publisher : Palgrave Macmillan
Page : 216 pages
File Size : 42,9 Mb
Release : 1999-01-11
Category : Political Science
ISBN : 0312216440

Get Book

Quangos, Accountability and Reform by Martin J. Smith,Matthew V. Flinders Pdf

Quangos are now a permanent layer of governance in Britain. This collection challenges the stale debate which portrays quangos as inherently undemocratic. Whilst accepting that problems exist this book accepts that quangos are here to stay. Through a collection of chapters by practitioners, politicians and academics it recognises both the pitfalls and potential offered by these bodies. The book therefore illuminates a new perspective on the debate which for the first time highlights the democratic possibilities of quangos. The book advances and clarifies this complex debate by examining the British reform debate in an international context, and blends theoretical analysis with illuminating case studies from Quango Chief Executives and concrete proposals for reform.

Perils of Judicial Self-Government in Transitional Societies

David Kosař
Perils of Judicial Self Government in Transitional Societies Book PDF

Author : David Kosař
Publisher : Cambridge University Press
Page : 487 pages
File Size : 41,8 Mb
Release : 2016-04
Category : Law
ISBN : 9781107112124

Get Book

Perils of Judicial Self-Government in Transitional Societies by David Kosař Pdf

This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

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 : 53,5 Mb
Release : 2021-08-24
Category : Law
ISBN : 9789004421554

Get Book

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 Resolution of Inter-State Disputes in Civil Aviation

Luping Zhang
The Resolution of Inter State Disputes in Civil Aviation Book PDF

Author : Luping Zhang
Publisher : Oxford University Press
Page : 257 pages
File Size : 40,7 Mb
Release : 2022-01-06
Category : Law
ISBN : 9780192665935

Get Book

The Resolution of Inter-State Disputes in Civil Aviation by Luping Zhang Pdf

In this book, Dr Luping Zhang investigates dispute resolution mechanisms in international civil aviation with a primary focus on the functions of the International Civil Aviation Organization (ICAO) Council. The ICAO was created as a result of the Convention on International Civil Aviation (Chicago Convention) laying the foundations for these dispute resolution mechanisms in international civil aviation, although it neglected to cover economic regulations. Over the years there has been a proliferation of bilateral Air Services Agreements (ASA)s and multilateral treaties. With the advancement of aviation technology, The Resolution of Inter-State Disputes in Civil Aviation considers whether dispute resolution mechanisms should be modernised, and if so, what form this modernisation might take. It explores this through five chapters: the first chapter defines the scope of the research and introduces the methodology. The second chapter traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs, with the most up-to-date data. The third chapter analyses how disputes brought forward in relation to the treaties in Chapter II are resolved in practice. The fourth chapter builds on empirical evidence to critically assesses the political and legal implications of settling international aviation disputes. The final chapter proposes a model for reform based on this cumulative research, introducing a proposal for amending rules and procedures in the ICAO, as well as for the establishment of a new arbitral institution.

Judicial Independence in the Age of Democracy

Peter H. Russell (eds),David M. O'Brien
Judicial Independence in the Age of Democracy Book PDF

Author : Peter H. Russell (eds),David M. O'Brien
Publisher : University of Virginia Press
Page : 340 pages
File Size : 55,7 Mb
Release : 2001
Category : Law
ISBN : 0813920167

Get Book

Judicial Independence in the Age of Democracy by Peter H. Russell (eds),David M. O'Brien Pdf

This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.