The Power of Judges

Given that many of these issues span national borders, the book also compares the United Kingdom’s legal system with its counterparts in the United States and Germany.

The Power of Judges

Author: David Neuberger

Publisher: Haus Publishing

ISBN: 9781912208234

Page: 90

View: 757

To the vast majority of the English public, the role of the United Kingdom’s Supreme Court has often been distant and incomprehensible, its judges a caste apart from society. The Power of Judges ends this mystery, exploring the fundamental concept of justice and explaining the main functions of the courts, the challenges they face, and the complexity of the judicial system. In this lucid account of the judiciary, David Neuberger and Peter Riddell lead us through an array of topics both philosophical and logistical, including the relationships between morality and law and between Parliament and the judiciary. They explain the effects of cuts in legal aid and shed light on complex and controversial subjects like assisted dying and the complexities of combating mass terrorism while protecting personal liberty. Given that many of these issues span national borders, the book also compares the United Kingdom’s legal system with its counterparts in the United States and Germany. Full of insights, The Power of Judges is an informative and accessible account of the United Kingdom’s judicial system, its contribution to running the country and the challenges it faces, including the many threats to its effectiveness.

The Power of Judges

This text argues that certain elements affect the political significance of judicial decisions: Firstly, the status of judges; secondly, the organization of the judicial system including such things as the existence of judicial review of ...

The Power of Judges

Author: Carlo Guarnieri

Publisher: Oxford University Press on Demand

ISBN: 9780198298359

Page: 235

View: 158

This text argues that certain elements affect the political significance of judicial decisions: Firstly, the status of judges; secondly, the organization of the judicial system including such things as the existence of judicial review of legislation and the structure of trials.

Battered Women in the Courtroom

For the first time, a study of the ways in which judges respond to abused women.

Battered Women in the Courtroom

Author: James Ptacek

Publisher: UPNE

ISBN: 9781555533915

Page: 240

View: 749

For the first time, a study of the ways in which judges respond to abused women.

An Essay on Judicial Power and Unconstitutional Legislation

Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review.

An Essay on Judicial Power and Unconstitutional Legislation

Author: Brinton Coxe

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775343

Page: 415

View: 556

Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.

Bentham and the Common Law Tradition

mention of the judge's disposition of the case before him that occasioned the
alteration or amendment. ... Ignoring slight differences of detail, the main idea is
that the judge in exercising this power simply suspends execution of the existing
 ...

Bentham and the Common Law Tradition

Author: Gerald Postema

Publisher: Clarendon Law

ISBN: 0198793057

Page: 608

View: 536

This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision principle seems inconsistent with his positivist insistence on the sovereignty of the will of the lawmaker. Two themes emerge from the attempt in this work to reconcile these two core elements of Bentham's practical thought. First, Bentham's conception of law does not fit the conventional model of legal positivism. Bentham was not just a utilitarian and a positivist; he was a positivist by virtue of his commitment to a utilitarian understanding of the fundamental task of law. Moreover, his emphasis on the necessary publicity and the systemic character of law, led him to insist on an essential role for utilitarian reasons in the regular public functioning of law. Second, Bentham's radical critique of common law theory and practice convinced him of the necessity to reconcile the need for certainty of law with an equally great need for its flexibility. He eventually developed a constitutional framework for adjudication in the shadow of codified law that accorded to judges discretion to decide particular cases according to their best judgment of the balance of utilities, guaranteeing the accountability and appropriate motivation of judicial decision-making through institutional incentives. The original text of this work, first published in 1986, remains largely unchanged, but an afterword reconsiders and revises some themes in response to criticism.

Judiciary and the power of judges in Slovakia

Votum separatum means the dissenting opinion of a judge sitting in a panel
ofjudges and can take the form of dissent (thejudge disagrees with thejudgment)
or competition (thejudge agrees with thejudgment but disagrees with the reasons
for ...

Judiciary and the power of judges in Slovakia

Author:

Publisher: EUROKÓDEX

ISBN: 8089447554

Page: 168

View: 414

Constitutional Restraints Upon the Judiciary

Hearings Before the Subcommittee on the Constitution of the Committee on the
Judiciary, United States Senate, Ninety-seventh ... The judges are men and are
behaving as we must expect all men in such positions of power to behave .

Constitutional Restraints Upon the Judiciary

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution

Publisher:

ISBN:

Page: 591

View: 734

Judicial Power and Canadian Democracy

Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.

Judicial Power and Canadian Democracy

Author: Paul Howe

Publisher: McGill-Queen's Press - MQUP

ISBN: 9780773522251

Page: 327

View: 249

Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.

The Third Branch

The Ninth Circuit Court of the references to the bankruptcy court's the courts and
the activities of the Appeals has held that in giving bankcontempt power in
response to Northern AO for the 12 - month period ending ruptcy judges authority
over ...

The Third Branch

Author:

Publisher:

ISBN:

Page:

View: 213

Judicial Fitness

Hearings Before the United States Senate Committee on the Judiciary,
Subcommittee on Improvements in Judicial ... Do you think it is necessary for the
effectiveness of your commission to have the power to recommend to the
supreme court of ...

Judicial Fitness

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery

Publisher:

ISBN:

Page:

View: 865

Considers mechanisms by which older or unfit judges may be retired or removed from office.

Associate Justice William O Douglas

Judge Rifkind ' s most serious charge is that the position of the Kelley
memorandum “ tramples key provisions ” of the ... The Constitution , by giving
Congress power to remove federal judges , already violates those concepts in
their technical ...

Associate Justice William O  Douglas

Author: United States. Congress. House. Committee on the Judiciary. Special Subcommittee on H. Res. 920

Publisher:

ISBN:

Page: 924

View: 486

Judicial Independence

This study discusses the many different aspects of judicial independence in Israel.

Judicial Independence

Author: Shimon Shetreet

Publisher: Martinus Nijhoff Publishers

ISBN: 9789024731824

Page: 700

View: 742

This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.

The Global Expansion of Judicial Power

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 ...

The Global Expansion of Judicial Power

Author: C Neal Tate

Publisher: NYU Press

ISBN: 0814770061

Page: 570

View: 658

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.

The Albany Law Journal

If the trade - mark acts are conappears from the opinion of the learned judge , that
stitutional , there is no question - as the ... Bohmer , and the case is here referred
to as being kuance of some act of Congress based upon power con the only ...

The Albany Law Journal

Author:

Publisher:

ISBN:

Page:

View: 514

The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787

... supreme judges may be removed by the executive , authority of acts of the
legislature and on application of the legislature - Disatreaties — Agreed to .
greed to - Motion that the salaries of Article seventh , relative to the powers
judges should ...

The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787

Author: Jonathan Elliot

Publisher:

ISBN:

Page:

View: 982

The New Law Reports

Section 21 provides for the several Judges to sit apart and contemplates some
power of nomination or selection of Judges to exercise the several jurisdictions of
the Court . If the vesting of the power of nomination in a person outside the ...

The New Law Reports

Author:

Publisher:

ISBN:

Page:

View: 469