Nicht vor allzu langer Zeit hat das Management Einzug in die Justiz gehalten. Die Kultur der Judikative ist allerdings nicht automatisch mit den Hauptwerten des Managements deckungsgleich und so ist der Erfolg dieser Neuerung auch noch ungewiss. Drei Studien, die in diesem Sammelwerk vorgestellt werden, analysieren die Anpassungsfahigkeit der schweizerischen und deutschen Justiz an die Ideen und Methoden des Managements.
L'incursion du management au sein de la Justice est relativement nouvelle, et ses chances de succès ne sont pas garanties car la culture du pouvoir jucidiaire n'est pas naturellement compatible avec les valeurs mises en avant par le management. A travers trois études complémentaires, cet ouvrage analyse cette réceptivité culturelle de la justice suisse aux idées et méthodes de management. Vor nicht all zu langer Zeit hat das Management Einzug in die Justiz gehalten. Die Kultur der Judikative ist allerdings nicht automatisch mit den Hauptwerten des Managements deckungsgleich und so ist der Erfolg dieser Neuerung auch noch ungewiss. Drei Studien, welche in diesem Werk vorgestellt werden, analysieren die Anpassungsfähigkeit der schweizerischen Justiz an die Ideen und Methoden des Managements. The introduction of management in the judiciary is relatively new, and its chances of success are not guaranteed as the culture of the judicial institution is not naturally compatible with the values put forward by management. Through three additional studies, this work analyzes this cultural receptivity of the Swiss judiciary to management ideas and methods.
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Blending both the theoretical and applied aspects of contemporary issues in court management, this reference/text offers in-depth coverage of all major topics and developments in judicial systems administration. It is suitable for use in the classroom or for self-study.;Providing the background material to clarify even the most technical management application, this book: presents the history and theory of the court management movement; examines the separation of powers doctrine, and its relationship to judicial independence; discusses the latest developments in court reform, the American Bar Association standards, alternative dispute resolution techniques and caseflow considerations; analyzes unified court budgeting and revenue generation by judicial systems; describes personnel administration, training and jury management; and elucidates court performance evaluation, planning approaches, the use of cameras in the courtroom and audio-visual applications.
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.
As the Canadian Judicial Council marks its 50th anniversary of service to Canadians, it is timely that we have revised and modernized Ethical Principles for Judges. From their first publication in 1998, these principles have laid out the ethical frame of reference to which all judges aspire: judicial independence, integrity and respect, diligence and competence, equality and impartiality.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
"To reduce and avoid delay, American courts have developed a set of principles and techniques since the 1970s that we refer to as "caseflow management" ... The main premise of this book is that caseflow management is more than just a way to reduce or avoid delay, however. In fact, caseflow management is the conceptual heart of court management in general. We can fully understand courts as organizations only if we understand the requirements of caseflow management. In managing a court, the chief judge and court managers should focus first on caseflow management - not just because it addresses problems of delay or backlog, but more importantly because it is the very foundation of court management in general." -- from the Introduction, p. xi.
"This book proposes a manageable standard for resolving gerrymandering without the entanglements of justiciability and political questions. The standard focuses on the mechanism by which gerrymandering operates, not on the outcome. The precedent for this focus is the solution to disparate population counts in the one-person, one-vote cases. This focus is necessary because any remedy needs to work with other unconstitutional inequities (such as income based gerrymandering) as well as ones based on partisanship"--
