Tag: Judicial

Free Download Judicial Decisions in the Ancient Near East edited by Daniel E. Fleming, Sophie Démare-Lafont
English | October 27, 2023 | ISBN: 1628374853, 1628374845 | True PDF | 628 pages | 20.8 MB
This volume presents the first broadly inclusive collection, with accessible text and English translation, of documents related to judicial decisions in the ancient Near East, the oldest setting for such writing in the world.

Free Download Facing Judicial Discretion: Legal Knowledge and Right Answers Revisited By Marisa Iglesias Vila (auth.)
2001 | 231 Pages | ISBN: 9048156378 | PDF | 6 MB
In response to ETA’s 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure. The demand that public authorities prosecute and condemn those who directly or indirectly support ETA and its terrorist attacks was one of the most prevalent slogans in the marches. Indeed, the social response was aimed not only against the terrorist group, but also against Herri Batasuna (HB), the political party that openly endorse ETA’s armed actions in the Basque Country. From the legal point of view, it is interesting to examine what it is citizens are requesting from the government in the above-mentioned case. How do these collective claims translate into legal language? One may think it fit to answer that Spanish citizens want violence to be met with the institutional punishment prescribed by the legal order. Nonetheless, it could also be argued that citizens in fact demand that certain kinds of behaviour be regulated by the law in their country. While from the latter viewpoint citizens wish for the creation of new legal norms, from the former they are just calling for the application of the law. What reasons may render us inclined to sympathise with one of these two views rather than the other? Which one of these two options is most appropriate? At first sight, this may appear to be a simple question.

Free Download Judicial Review of Legislation: A Comparative Study of the United Kingdom, the Netherlands and South Africa By Gerhard van der Schyff (auth.)
2010 | 220 Pages | ISBN: 9048190010 | PDF | 3 MB
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.

Free Download Prof Kathryn Hendley, "The Judicial System of Russia "
English | ISBN: 019887524X | 2023 | 272 pages | EPUB | 890 KB

Free Download Judicial Responses to Climate Change in the Global South: A Jurisdictional and Thematic Review by Shuma Talukdar, Valéria Emília de Aquino
English | PDF EPUB (True) | 2023 | 203 Pages | ISBN : 303146141X | 8.9 MB
This book explores how judiciaries in different parts of the world are responding to climate change and how climate change intersects with the law. It offers feminist approaches to the judicial responses to climate change in the Global South, providing both jurisdictional and thematic reviews. Climate change is one of the most pressing global issues facing humankind, and is currently reshaping geopolitics, governance, law, and international relations around the world.

Free Download Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives by Piotr Bystranowski, Bartosz Janik, Maciej Próchnicki
English | PDF EPUB (True) | 208 Pages | ISBN : 3031117433 | 7 MB
This book shares state-of-the-art insights on judicial decision-making from both theoretical and empirical perspectives. It offers in-depth coverage of the forefront of the field and reviews the most important issues and discussions connected with an empirical approach to judicial decision-making. It also addresses the challenges of judicial psychology to the ideal of rule of law and explores the promise and perils of applying artificial intelligence in law. In closing, it offers empirically-driven guidance on ways to improve the quality of legal reasoning.