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Judiciaries in Comparative Perspective

Author: H. P. Lee

Publisher: Cambridge University Press

Published: 2011-08-11

Total Pages: 625

ISBN-13: 1139499866

An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.

The Judicial Process in Comparative Perspective

Author: Mauro Cappelletti

Publisher: Oxford University Press, USA

Published: 1989

Total Pages: 464

ISBN-13:

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This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.

The Judicial Process in Comparative Perspective

Author: Mauro Cappelletti

Publisher:

Published: 1991

Total Pages: 417

ISBN-13:

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Court Performance Around the World

Author: Maria Dakolias

Publisher: World Bank Publications

Published: 1999-01-01

Total Pages: 74

ISBN-13: 9780821344361

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World Bank Technical Paper no. 430.QUOTEMany countries are undertaking legal and judicial reforms as part of their overall development programs; there is increasing recognition that economic and social progress requires consolidation of democracy as well as respect for the rule of law and human rights; without these development is not sustainable.QUOTEMany developing countries find that their judiciaries are inconsistent in conflict resolution and carry a large backlog of cases, thus stifling private-sector growth, eroding individual and property rights, and perhaps even violating human rights. Delays affect both the fairness and the efficiency of the system. They impede the public's access to the courts, which, in effect, weakens democracies, the rule of law and the ability to enforce human rights. This paper aims to describe and explain the performance of court systems in a sample of developing and developed countries in order to provide data to those designing or evaluating reforms. The study also seeks to show areas in which international comparison of judicial performance can be fruitful, suggesting indicators that can be used in such comparisons. Finally, it endeavors to provide comparisons of performance within individual countries over time.

Judicial Activism in Comparative Perspective

Author: Kenneth M. Holland

Publisher: Springer

Published: 1991-06-18

Total Pages: 230

ISBN-13: 1349117749

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The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.

Human Rights and Judicial Review: A Comparative Perspective

Author: David M. Beatty

Publisher: BRILL

Published: 2021-09-27

Total Pages: 374

ISBN-13: 9004479406

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Human 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.

Judiciaries within Europe

Author: John Bell

Publisher: Cambridge University Press

Published: 2006-08-10

Total Pages: 384

ISBN-13: 113945868X

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An in-depth study, originally published in 2006, of the careers and roles of judges in France, Germany, Spain, Sweden and England, this book is based on original language materials and investigations of judges and judicial institutions in each country. On the basis of these detailed case studies, the book suggests factors that shape the character of the judiciary in different countries, focusing on issues such as women's careers and the relationship between judicial careers and politics. Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication.

The Strategic Analysis of Judicial Behavior

Author: Lee Epstein

Publisher: Cambridge University Press

Published: 2021-06-17

Total Pages: 101

ISBN-13: 1009058738

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The past decade has witnessed a worldwide explosion of work aimed at illuminating judicial-behavior: the choices judges make and the consequences of their choices. We focus on strategic accounts of judicial-behavior. As in other approaches to judging, preferences and institutions play a central role but strategic accounts are unique in one important respect: They draw attention to the interdependent - i.e., the strategic - nature of judicial decisions. On strategic accounts, judges do not make decisions in a vacuum, but rather attend to the preferences and likely actions of other actors, including their colleagues, superiors, politicians, and the public. We survey the major methodological approaches for conducting strategic analysis and consider how scholars have used them to provide insight into the effect of internal and external actors on the judges' choices. As far as these studies have traveled in illuminating judicial-behavior, many opportunities for forward movement remain. We flag four in the conclusion.

Collective Judging in Comparative Perspective

Author: Birke Häcker

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9781780686240

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This book focuses on the decision-making processes in modern collegiate courts. Judges from some of the world s highest and most significant judicial bodies, both national and supranational, share their experiences and reflect on the challenges to which their joint judicial endeavour gives rise.

Courts and Political Institutions

Author: Thijmen Koopmans

Publisher: Cambridge University Press

Published: 2003-09-04

Total Pages: 332

ISBN-13: 9780521533997

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Considers the relation between law and politics, including human rights, federalism and equal protection.