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Author : Walter Wells
Publisher : Unknown
Page : 580 pages
File Size : 52,6 Mb
Release : 1869
Category : Electronic
ISBN : UOMDLP:ajq7531:0001.001
Author : Sanele Sibanda
Publisher : Taylor & Francis
Page : 201 pages
File Size : 44,5 Mb
Release : 2022-12-26
Category : Political Science
ISBN : 9781000823721
Over the last 25 years, the doctrine of separation of powers has been established as both a foundational value and a structural principle applied by the courts in interpreting the relationship between South Africa’s constitutional structures. Jurisprudentially, the practicalities and contours of how, when and by whom the separation of powers should be determined has proven to be controversial. Therefore, the past decade has been characterised by heightened political contestation, often resulting in extensive litigation posing thorny political issues. This has had profound implications for the judiciary and raised difficult questions on the very nature of South African constitutionalism. These political contestations gathered even greater momentum and urgency during the early days of COVID-19 in 2020, when the first iteration of this book was produced as a special issue of the South African Journal on Human Rights. This timely volume brings together critical reflections on developments in South Africa’s separation of powers jurisprudence and theory, the role and function of the judiciary through its judgments in shaping the landscape of constitutional politics, as well the implications of this for the consolidation of South Africa’s democratic constitutional project. It makes an important contribution to the debate on the politics of constitutional adjudication in light of the doctrine of separation of powers. This book will be of interest to researchers and advanced students of politics, history, law and legal theory, human rights, and African studies.
Author : Karolina Kremens
Publisher : Routledge
Page : 349 pages
File Size : 48,8 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781000291087
This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial–inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.
Author : George Farwell
Publisher : BoD – Books on Demand
Page : 590 pages
File Size : 49,7 Mb
Release : 2023-04-18
Category : Fiction
ISBN : 9783368819507
Reprint of the original, first published in 1874.
Author : Edward Burtenshaw Sugden
Publisher : Unknown
Page : 592 pages
File Size : 50,6 Mb
Release : 1856
Category : Powers (Law)
ISBN : NYPL:33433008600888
Author : Weidong Chen
Publisher : Springer Nature
Page : 551 pages
File Size : 45,6 Mb
Release : 2020-10-15
Category : Law
ISBN : 9789811584312
This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.
Author : Erika de Wet
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 45,5 Mb
Release : 2004-01-23
Category : Law
ISBN : 9781847310415
This study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter of the United Nations. In doing so it departs from the premise that an analysis of the limitations to the powers of the Security Council and an analysis of judicial review of such limitations by the ICJ, respectively, are inter-dependent. On the one hand, judicial review would only become relevant if and to the extent that the powers granted to the Security Council under Chapter VII of the Charter are subject to justiciable limitations. On the other hand, the relevance of any limitation to the powers of the Security Council would remain limited if it could not be enforced by judicial review. This inter-dependence is reflected by the fact that Chapters 2 and 3 focus on judicial review in advisory and contentious proceedings, respectively, whereas Chapters 4 to 9 examine the limits to the powers of the Security Council. The concluding chapter subsequently illuminates how the respective limits to the Security Council's enforcement powers could be enforced by judicial review. It also explores an alternative mode of review of binding Security Council decisions that could complement judicial review by the ICJ, notably the right of states to reject illegal Security Council decisions as a 'right of last resort'. The space and attention devoted to the limits to the Security Council's enforcement powers reflects the second aim of this study, namely to provide new direction to this aspect of the debate on the Security Council's powers under Chapter VII of the Charter. It does so by paying particular attention to the role of human rights norms in limiting the type of enforcement measures that the Security Council can resort to in order to maintain or restore international peace and security.
Author : Sebastian Bender,Dominik Perler
Publisher : Taylor & Francis
Page : 389 pages
File Size : 45,9 Mb
Release : 2024-06-28
Category : Philosophy
ISBN : 9781040089774
This book explores different accounts of powers and abilities in early modern philosophy. It analyzes powers and abilities as a package, hopefully enabling us to better understand them both and to see similarities as well as dissimilarities. While some prominent early modern accounts of power have been studied in detail, this volume also covers lesser‐known thinkers and several early modern women philosophers. The volume also investigates early modern accounts of powers and abilities in a more systematic fashion than has been previously done. By broadening its scope in these ways, the volume uncovers trends and tendencies in early modern thinking about powers and abilities that are easy to miss. Chapters in this book explore how 22 early modern thinkers approached the following questions: What kind of entities are powers and abilities? Are they reducible to something categorical or not? What is the relation between powers and abilities? Is there a fundamental metaphysical difference between them or not? How do we know what powers objects have and what abilities agents have? Are human abilities in any way special? How do they relate to the abilities non‐human animals have? And how do they relate to the powers of inanimate objects? Powers and Abilities in Early Modern Philosophy will appeal to scholars and advanced students working in the history of early modern philosophy, in metaphysics, and in the history of science.
Author : United States. Congress. House. Committee on the Judiciary
Publisher : Unknown
Page : 636 pages
File Size : 53,5 Mb
Release : 1952
Category : War and emergency powers
ISBN : SRLF:A0000135491
Considers legislation to extend selected WWII legislative programs and emergency powers concerning military and Federal personnel, construction programs, patent controls, military and veterans housing programs, foreign trade regulations, war claims procedure, and emergency transportation controls.
Author : United States. Congress. Senate. Committee on Foreign Relations
Publisher : Unknown
Page : 152 pages
File Size : 40,8 Mb
Release : 1977
Category : Treaty-making power
ISBN : LOC:00099395291
Author : Geological Survey (U.S.)
Publisher : Unknown
Page : 218 pages
File Size : 46,7 Mb
Release : 1916
Category : Cascade Range
ISBN : IND:30000144627704
Author : Akhtar Majeed,Ronald L Watts,Douglas Brown
Publisher : McGill-Queen's Press - MQUP
Page : 386 pages
File Size : 43,8 Mb
Release : 2005-12-05
Category : Political Science
ISBN : 9780773573215
Contributors include Hugues Dumont (Belgium), J.Isawa Elaigwu (Nigeria), Thomas Fleiner (Switzerland), Xavier Bernadí Gil (Spain), Ellis Katz (USA), Nicolas Lagasse (Belgium), George Mathew (India), Clement Macintyre (Australia), Enric Argullol Murgades (Spain), Manuel González Oropeza (Mexico), Marcelo Piancastelli (Brazil), Hans-Peter Schneider (Germany), Richard Simeon (Canada), Marc Van der Hulst (Belgium), Sébastien Van Drooghenbroeck (Belgium), and John M. Williams (Australia).
Author : Richard Bellamy
Publisher : Routledge
Page : 743 pages
File Size : 54,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351540698
The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.
Author : Larisa Deriglazova
Publisher : JHU Press
Page : 409 pages
File Size : 55,5 Mb
Release : 2020-03-03
Category : History
ISBN : 9781421429120
A sophisticated appraisal of the problem of asymmetric conflict in the post–World War II period. In a sophisticated combination of quantitative research and two in-depth case studies, Larisa Deriglazova surveys armed conflicts post World War II in which one power is much stronger than the other. She then focuses on the experiences of British decolonization after World War II and the United States in the 2003 Iraq war. Great Powers, Small Wars employs several large databases to identify basic characteristics and variables of wars between enemies of disproportionate power. Case studies examine the economics, domestic politics, and international factors that ultimately shaped military events more than military capacity and strategy.
Author : United States. Forest Service,Joseph Cummings Dort
Publisher : Unknown
Page : 202 pages
File Size : 44,7 Mb
Release : 1924
Category : Water-power
ISBN : UOM:39015067181795