Restoring The Global Judiciary

Author : Martin S. Flaherty
Publisher : Princeton University Press
Page : 344 pages
File Size : 46,8 Mb
Release : 2022-05-17
Category : Political Science
ISBN : 9780691204789

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Restoring the Global Judiciary by Martin S. Flaherty Pdf

Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

Author : Justin Crowe
Publisher : Princeton University Press
Page : 313 pages
File Size : 53,6 Mb
Release : 2012-03-25
Category : Political Science
ISBN : 9781400842575

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Building the Judiciary by Justin Crowe Pdf

How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.

Author : Anonim
Publisher : BRILL
Page : 321 pages
File Size : 46,8 Mb
Release : 2004-05-01
Category : Law
ISBN : 9789047413714

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Judicial Integrity by Anonim Pdf

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

Author : Felix Lange
Publisher : Edward Elgar Publishing
Page : 353 pages
File Size : 46,8 Mb
Release : 2024-03-14
Category : Political Science
ISBN : 9781035324354

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Treaties in Parliaments and Courts by Felix Lange Pdf

Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.

Author : Shimon Shetreet,Hiram Chodosh,Helland Eric
Publisher : BRILL
Page : 588 pages
File Size : 54,9 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 : Robert H. Bork
Publisher : A E I Press
Page : 161 pages
File Size : 41,5 Mb
Release : 2003-01-01
Category : Law
ISBN : 0844741620

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Coercing Virtue by Robert H. Bork Pdf

This eye-opening dispatch on the culture war traces the dangerous influence of overreaching courts around the world.

Author : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 46,8 Mb
Release : 2009
Category : Law
ISBN : 9780821379028

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Stolen Asset Recovery by Anonim Pdf

This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

Author : Paul B. Stephan,Sarah A. Cleveland
Publisher : Oxford University Press
Page : 588 pages
File Size : 55,6 Mb
Release : 2020-09-18
Category : Law
ISBN : 9780197533987

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The Restatement and Beyond by Paul B. Stephan,Sarah A. Cleveland Pdf

Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.

Author : Anonim
Publisher : Unknown
Page : 652 pages
File Size : 53,9 Mb
Release : 1994
Category : Evidence, Expert
ISBN : PURD:32754065347985

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Reference Manual on Scientific Evidence by Anonim Pdf

Author : Yvon Dandurand,Curt Taylor Griffiths,United Nations Office on Drugs and Crime
Publisher : United Nations Publications
Page : 0 pages
File Size : 55,6 Mb
Release : 2006
Category : Law
ISBN : 9211337542

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Handbook on Restorative Justice Programmes by Yvon Dandurand,Curt Taylor Griffiths,United Nations Office on Drugs and Crime Pdf

The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community

Author : Kriangsak Kittichaisaree
Publisher : Taylor & Francis
Page : 265 pages
File Size : 47,5 Mb
Release : 2023-02-10
Category : Law
ISBN : 9781000836295

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Judicial Responsibility and Coups d’État by Kriangsak Kittichaisaree Pdf

This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.

Author : Satang Nabaneh,Adem Abebe ,Gaye Sowe
Publisher : Pretoria University Law Press
Page : 372 pages
File Size : 49,5 Mb
Release : 2022-09-01
Category : Law
ISBN : 8210379456XXX

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The Gambia in transition: Towards a new constitutional order by Satang Nabaneh,Adem Abebe ,Gaye Sowe Pdf

The Gambia opened a new chapter in her history after 22 years of authoritarian rule under former dictator Yahya Jammeh, heralding the promise of a ‘New Gambia.’ The country is at a critical juncture in its transition from Jammeh’s autocratic rule to a fully-fledged democracy. The ambitious transitional processes include the Truth Reparations and Reconciliation Commission to create an official record of past abuses and crimes, the Constitutional Review Commission to draft a new Constitution, and the permanent National Human Rights Commission to build a human rights culture. The Gambia in transition: Towards a new constitutional order is a diverse collection of timely, rigorous, and insightful essays on human rights, constitutional reform, rule of law and democratic governance. It serves as an important reference for academics, policymakers, researchers, civil society organisations, human rights defenders, learners, and the public at large.

Author : Yuval Shany
Publisher : OUP Oxford
Page : 0 pages
File Size : 47,8 Mb
Release : 2009-02-26
Category : Law
ISBN : 0199563853

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Regulating Jurisdictional Relations Between National and International Courts by Yuval Shany Pdf

The book investigates the problems of increased interaction between national and international courts: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? In particular, it advocates the use of judicial comity as a method for mitigating jurisdictional tensions between the courts.

Author : Mark A. Graber
Publisher : Oxford University Press
Page : 307 pages
File Size : 46,9 Mb
Release : 2015-03-06
Category : Law
ISBN : 9780190245238

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A New Introduction to American Constitutionalism by Mark A. Graber Pdf

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.

Author : Maya Steinitz
Publisher : Unknown
Page : 257 pages
File Size : 44,8 Mb
Release : 2019
Category : Law
ISBN : 9781107162853

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The Case for an International Court of Civil Justice by Maya Steinitz Pdf

An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.