Apex Courts and the Common Law
Apex Courts and the Common Law

Author: Paul Daly

Publisher: University of Toronto Press

Published: 2019-04-26

Total Pages: 423

ISBN-13: 1487504438

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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.

Apex Courts and the Common Law
Apex Courts and the Common Law

Author: Paul Daly

Publisher: University of Toronto Press

Published: 2019-04-08

Total Pages: 423

ISBN-13: 148753017X

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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.

Understanding Administrative Law in the Common Law World
Understanding Administrative Law in the Common Law World

Author: Paul Daly

Publisher: Oxford University Press

Published: 2021

Total Pages: 321

ISBN-13: 0192896911

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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.

Asian Courts in Context
Asian Courts in Context

Author: Jiunn-rong Yeh

Publisher: Cambridge University Press

Published: 2015

Total Pages: 633

ISBN-13: 1107066085

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Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

The Intricacies of Dicta and Dissent
The Intricacies of Dicta and Dissent

Author: Neil Duxbury

Publisher: Cambridge University Press

Published: 2021-08-12

Total Pages: 513

ISBN-13: 1108898815

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Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making.

The Cambridge Companion to Comparative Constitutional Law
The Cambridge Companion to Comparative Constitutional Law

Author: Roger Masterman

Publisher: Cambridge University Press

Published: 2019-10-03

Total Pages: 653

ISBN-13: 1107167817

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Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.

The Culture of Judicial Independence
The Culture of Judicial Independence

Author: Shimon Shetreet

Publisher: Martinus Nijhoff Publishers

Published: 2015-01-27

Total Pages: 600

ISBN-13: 9004257810

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The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.

Courts and Judicial Activism under Crisis Conditions
Courts and Judicial Activism under Crisis Conditions

Author: Martin Belov

Publisher: Routledge

Published: 2021-09-22

Total Pages: 319

ISBN-13: 1000436411

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This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.

Bills of Rights in the Common Law
Bills of Rights in the Common Law

Author: Robert Leckey

Publisher: Cambridge University Press

Published: 2015-05-07

Total Pages: 259

ISBN-13: 1107038537

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This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.