Perils of Judicial Self-Government in Transitional Societies

Perils of Judicial Self-Government in Transitional Societies
Author :
Publisher : Cambridge University Press
Total Pages : 487
Release :
ISBN-10 : 9781107112124
ISBN-13 : 1107112125
Rating : 4/5 (24 Downloads)

Synopsis Perils of Judicial Self-Government in Transitional Societies by : David Kosař

This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

Perils of Judicial Self-Government in Transitional Societies

Perils of Judicial Self-Government in Transitional Societies
Author :
Publisher : Cambridge University Press
Total Pages : 487
Release :
ISBN-10 : 9781316531297
ISBN-13 : 1316531295
Rating : 4/5 (97 Downloads)

Synopsis Perils of Judicial Self-Government in Transitional Societies by : David Kosař

Judicial councils and other judicial self-government bodies have become a worldwide phenomenon. Democracies are increasingly turning to them to insulate the judiciary from the daily politics, enhance independence and ensure judicial accountability. This book investigates the different forms of accountability and the taxonomy of mechanisms of control to determine a best practice methodology. The author expertly provides a meticulous analysis, using over 800 case studies from the Czech and Slovak disciplinary courts from 1993 to 2010 and creates a systematic framework that can be applied to future cases.

The Limits of Judicial Independence

The Limits of Judicial Independence
Author :
Publisher : Cambridge University Press
Total Pages : 357
Release :
ISBN-10 : 9781139492317
ISBN-13 : 1139492314
Rating : 4/5 (17 Downloads)

Synopsis The Limits of Judicial Independence by : Tom S. Clark

This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.

On Civil Liberty and Self-government

On Civil Liberty and Self-government
Author :
Publisher :
Total Pages : 644
Release :
ISBN-10 : NYPL:33433070240175
ISBN-13 :
Rating : 4/5 (75 Downloads)

Synopsis On Civil Liberty and Self-government by : Francis Lieber

Justice as Prevention

Justice as Prevention
Author :
Publisher : SSRC
Total Pages : 568
Release :
ISBN-10 : 9780979077210
ISBN-13 : 0979077214
Rating : 4/5 (10 Downloads)

Synopsis Justice as Prevention by : Pablo De Greiff

Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.

Communities in Action

Communities in Action
Author :
Publisher : National Academies Press
Total Pages : 583
Release :
ISBN-10 : 9780309452960
ISBN-13 : 0309452961
Rating : 4/5 (60 Downloads)

Synopsis Communities in Action by : National Academies of Sciences, Engineering, and Medicine

In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.

Unstable Constitutionalism

Unstable Constitutionalism
Author :
Publisher : Cambridge University Press
Total Pages : 415
Release :
ISBN-10 : 9781107068957
ISBN-13 : 1107068959
Rating : 4/5 (57 Downloads)

Synopsis Unstable Constitutionalism by : Mark Tushnet

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

How to Measure the Quality of Judicial Reasoning

How to Measure the Quality of Judicial Reasoning
Author :
Publisher : Springer
Total Pages : 270
Release :
ISBN-10 : 9783319973166
ISBN-13 : 3319973169
Rating : 4/5 (66 Downloads)

Synopsis How to Measure the Quality of Judicial Reasoning by : Mátyás Bencze

This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.

United Nations Justice

United Nations Justice
Author :
Publisher : UN
Total Pages : 250
Release :
ISBN-10 : STANFORD:36105134501647
ISBN-13 :
Rating : 4/5 (47 Downloads)

Synopsis United Nations Justice by : Calin Trenkov-Wermuth

"At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means."--Publisher's description.