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Author: Alfred Thompson Denning Baron Denning
Publisher: Butterworth-Heinemann
Published: 1980-01-01
Total Pages: 263
ISBN-13: 9780406176073
DOWNLOAD EBOOKTwo central themes run through this book. The first is the workings of the various 'measures authorised by the law so as to keep the streams of justice pure', and the second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife.
Author: E. Thomas Sullivan
Publisher: Oxford University Press
Published: 2013-07-04
Total Pages: 264
ISBN-13: 0199990808
DOWNLOAD EBOOKIn The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
Published: 2017-02-15
Total Pages: 305
ISBN-13: 0190642726
DOWNLOAD EBOOKArticle 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Author: James E. Fleming
Publisher: University of Chicago Press
Published: 2022-08-30
Total Pages: 285
ISBN-13: 0226821412
DOWNLOAD EBOOKA strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
Author: Randy James Holland
Publisher:
Published: 2014
Total Pages: 0
ISBN-13: 9780314676719
DOWNLOAD EBOOKAn authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
Author: Linda Mulcahy
Publisher: Routledge
Published: 2010-12-16
Total Pages: 221
ISBN-13: 1136862196
DOWNLOAD EBOOKLegal Architecture addresses how the environment in which the trial takes place can be seen as a physical expression of our relationship with ideals of justice; as it approaches the history of courthouse design as a reflection of the troubled history of notions of due process.
Author: Susan Rose-Ackerman
Publisher: Cambridge University Press
Published: 2015-01-22
Total Pages: 309
ISBN-13: 1316194744
DOWNLOAD EBOOKWith nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
Author: Kent Roach
Publisher: University of Toronto Press
Published: 1999-01-01
Total Pages: 414
ISBN-13: 9780802009319
DOWNLOAD EBOOKA critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.
Author: Abhinav Chandrachud
Publisher:
Published: 2011
Total Pages: 302
ISBN-13: 9789350286753
DOWNLOAD EBOOKProduct Details: Format: Hardcover/eBook Pages: 302 pages Publisher: Eastern Book Company Language: english ISBN: 9789350286753 Dimensions: 24.3 CM X 3 CM X 16 CM Shipping Weight: 0.58 Publisher Code: AB/675 EBC Reader Version: The above eBook is available only on the EBC Reader App, download the free application on the Apple iPad. Click above for more details. Table Of Contents: Table of Cases Introduction 1. Introduction 2. Meaning of Substantive Due Process 3. Due Process of Law and the Constituent Assembly of India 4. The Early Year 5. The Birth of Procedural Due Process 6. Substantive Due Process 7. Conclusion Subject Index
Author: Alfred Denning
Publisher: OUP Oxford
Published: 1980-01-11
Total Pages: 282
ISBN-13: 0191018554
DOWNLOAD EBOOKTwo central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure" - that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.
