The judgments that are published in this book reveal Justice Nayai Aganaba of Nigeria's knowledge of the law, candour and judicial acumen. Written by respectable authors, including Judges, academics, practising lawyers some of whom are Senior Advocates of Nigeria, the essays will be useful not only for lawyers, but also for law students who will appreciate the lack of jargon used.
Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.
Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, this book discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns.
Foreword by Lord Woolf, the former Lord Chief Justice. The Judicial Review Handbook is one of the leading works in public law, an indispensable source of reference and a guide to the burgeoning case law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to the work of the Administrative Court and its procedures. But as anyone who has used the previous editions will acknowledge, it is much more than that. The completely revised and up-dated fifth edition is once again structured around 63 unique legal principles supported by a compendious compilation of sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. This edition builds on previous editions with deepened coverage of the impact on judicial review of both the Civil Procedure Rules and the Human Rights Act 1998 which, at the time of the previous edition, were both new arrivals in English law. Their impact, and the plethora of cases which explore their meaning and application, are fully analysed and evaluated by Michael Fordham, and quotations from the cases incorporated into the unique appendices of case extracts. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "It is our first port of call when we have an administrative law problem". (Lord Woolf, from the Foreword to the Third Edition) See the companion website for this book (including case synopses) at: www.judicialreviewhandbook.com.
As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
