Tag: Judicial

Free Download Gaetano Pentassuglia, "Minority Groups and Judicial Discourse in International Law: A Comparative Perspective"
English | 2009 | pages: 305 | ISBN: 9004176721 | PDF | 1,4 mb
Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.

Free Download Martin Belov, "Judicial Dialogue"
English | ISBN: 9462369631 | 2019 | 258 pages | PDF | 2 MB
Judicial dialogue is one of the pressing phenomena in contemporary EU law and constitutional law. It is a device of judicial policy-making and networking and an instrument for policy coordination and negotiation between the national, international and supranational legal orders. Judicial dialogue is also tipping point of the influence of courts on multilevel constitutional politics in the context of global constitutional (dis)order.

Free Download DIGITAL ASSASSINS II: Taking the fight to the Judicial Branch of Government by Danielle Spencer
English | May 17, 2024 | ISBN: N/A | ASIN: B0D4JXMSCR | 256 pages | EPUB | 1.98 Mb
DIGITAL ASSASSINS II follows Danielle Spencer’s attempts to use the judicial system to uphold the rule of law by shining a light on those individuals using federal government resources to digitally assassinate her. Using fictional characters and conversations, this story exposes the alliances made by federal judges, government executives and well-funded special interest groups to protect wrong doers. These alliances were made to ensure that corrupt and unethical people remain in positions of power in America’s premier tax collection agency, ensuring that the tax code is not implemented fairly. Using concepts such sovereign immunity and national security, the government can use tactics such as privacy violations, illegal monitoring and surveillance, misuse of government records, and violation of trusted agreements with third-party institutions without fear of reprisal.

Free Download Robert A. Carp, "Judicial Process in America"
English | ISBN: 1071821938 | 2022 | 560 pages | PDF | 9 MB
Judicial Process in America, Twelfth Edition, by Robert Carp, Kenneth Manning, and Lisa Holmes is a market-leading and comprehensive textbook for both academic and general audiences. The book explains the link between the courts, public policy, and the political environment. Considering the courts from every level, the authors cover judges, lawyers, litigants, and the variables at play in the judicial decision-making process, the impact of those decisions on American citizens, and what the consequences are for the United States today.

Free Download Tara Smith, "Judicial Review in an Objective Legal System"
English | ISBN: 1107114497 | 2015 | 302 pages | AZW3 | 981 KB
How should courts interpret the law? While all agree that courts must be objective, people differ sharply over what this demands in practice: fidelity to the text? To the will of the people? To certain moral ideals? In Judicial Review in an Objective Legal System, Tara Smith breaks through the false dichotomies inherent in dominant theories – various forms of Originalism, Living Constitutionalism, and Minimalism – to present a new approach to judicial review. She contends that we cannot assess judicial review in isolation from the larger enterprise of which it is a part. By providing careful clarification of both the function of the legal system as well as of objectivity itself, she produces a compelling, firmly grounded account of genuinely objective judicial review. Smith’s innovative approach marks a welcome advance for anyone interested in legal objectivity and individual rights.

Free Download Making Settlement Work: An Examination of the Work of Judicial Mediators By Stacy Lee Burns
2001 | 255 Pages | ISBN: 0754621243 | PDF | 18 MB
Judges are central figures in dispensing justice, who serve as ajudicators deciding litigated questions and implementing decisions. Yet there is evidence to suggest that they devote much time to settling cases rather than adjudicating them. This study uses large money cases to examine practices.

Free Download Fair Trial and Judicial Independence: Hungarian Perspectives By Zoltán Fleck (auth.), Attila Badó (eds.)
2014 | 248 Pages | ISBN: 3319012150 | PDF | 2 MB
This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.​

Free Download Loic Cadiet, "On Judicial Management from Comparative Perspective: International Association of Procedural Law Conference (8-10 Nov. 2"
English | ISBN: 981198672X | 2023 | 288 pages | PDF | 4 MB
This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8-10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of "talk past each other." Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.

Free Download Mirena Pencheva, "EU-UK Police and Judicial Cooperation in Criminal Matters "
English | ISBN: 3030714748 | 2021 | 145 pages | PDF | 5 MB
This book looks at the past, present and possible future relationship between the EU and the UK in the fields of law enforcement and judicial cooperation in criminal matters. It examines successively the EU-UK relationship prior to 1 February 2020; the relationship during the transition period; the relationship after the end of the transition period. The book analyses the relevant provisions of the Withdrawal Agreement, the Political Declaration, of the EU and UK negotiating mandates and draft legal texts, and the state of play of the negotiations. It looks at the possible forms that the future cooperation can take and the likely areas, which might be covered, such as cooperation with Europol and Eurojust; criminal records; DNA, dactyloscopic and vehicle registration data; passenger name records; surrender procedures, and mutual legal assistance. It also analyses the overarching issues of protection of personal data and the future role of the Court of Justice of the EU. Finally, this book puts forward some ideas on the possible impact of Brexit on security cooperation within wider Europe and on the possible emergence in future of a European Security Union within wider Europe. The volume is aimed at practitioners and academics in European Studies, International Relations, and Law.

Free Download Christopher F. Zurn, "Deliberative Democracy and the Institutions of Judicial Review"
English | 2009 | pages: 376 | ISBN: 0521119804, 0521867347 | PDF | 2,4 mb
In this book, Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts but also legislative and executive self-review that would enable interbranch constitutional dialogue and constitutional amendment through deliberative civic constitutional forums. Drawing on sustained critical analyses of diverse pluralist and deliberative democratic arguments concerning the legitimacy of judicial review, Zurn concludes that constitutional review is necessary to ensure the procedural requirements for legitimate democratic self-rule through deliberative cooperation. Claiming that pure normative theory is not sufficient to settle issues of institutional design, Zurn draws on empirical and comparative research to propose reformed institutions of constitutional review that encourage the development of fundamental law as an ongoing project of democratic deliberation and decision.