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Author: Shai Dothan
Publisher: Cambridge University Press
Published: 2020-03-05
Total Pages: 173
ISBN-13: 1108488765
DOWNLOAD EBOOKThe book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.
Author: Christina Voigt
Publisher: Cambridge University Press
Published: 2019-04-18
Total Pages: 505
ISBN-13: 1108497179
DOWNLOAD EBOOKEvaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Author: Theresa Squatrito
Publisher: Cambridge University Press
Published: 2018-04-05
Total Pages: 471
ISBN-13: 1108425690
DOWNLOAD EBOOKExplores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author: Guobin Zhu
Publisher: Springer Nature
Published: 2019-11-23
Total Pages: 445
ISBN-13: 3030315398
DOWNLOAD EBOOKThis book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Author: Nienke Grossman
Publisher: Cambridge University Press
Published: 2018-02-22
Total Pages: 397
ISBN-13: 1108540228
DOWNLOAD EBOOKOne of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Author: David M. Beatty
Publisher: BRILL
Published: 2021-09-27
Total Pages: 374
ISBN-13: 9004479406
DOWNLOAD EBOOKHuman Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.
Author: Karen J. Alter
Publisher: Princeton University Press
Published: 2014-01-24
Total Pages: 477
ISBN-13: 1400848687
DOWNLOAD EBOOKA compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
Author: Josephine De Jaegere
Publisher:
Published: 2019
Total Pages: 0
ISBN-13: 9781780686943
DOWNLOAD EBOOKFocusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system.
Author: Erin F. Delaney
Publisher: Edward Elgar Publishing
Published: 2018
Total Pages: 463
ISBN-13: 1788110609
DOWNLOAD EBOOKConstitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Author: Maya Steinitz
Publisher:
Published: 2019
Total Pages: 257
ISBN-13: 1107162858
DOWNLOAD EBOOKAn International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.
