Suchergebnisse

Since the United States Supreme Court's decision in Bush v. Gore, the public's support for the judicial system looms as an especially important concern. Although studies have confirmed that the Supreme Court's reservoir of public goodwill has remained largely intact following the politically divisive decision, the status of public support for other American courts has received little attention. This reflects a broader trend in judicial politics scholarship toward placing inordinate attention on explaining public support for the U.S. Supreme Court while largely ignoring the courts where most of the policymaking in the nation occurs—state courts. We use a national survey to assess the factors influencing diffuse support for state courts. We find that although many considerations affecting diffuse support for state courts parallel the determinants of such support for the nation's high Court, important differences exist between explanations of citizen support for state courts and the Supreme Court. Most notably, judicial elections and concerns over judicial campaign contributions work to undermine citizens' support for their state courts.

This title examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a comprehensive analysis of the follow-up of the ICJ's judgements and interim measures from the Court's creation

This article examines the judgecraft required when judicial officers actively manage the time pressures created by long and unpredictable case lists. It considers the implications of this time management for the legitimate exercise of judicial authority. In particular, we focus on the strategy of altering the temporal sequence of the list by standing matters down and recalling them later in the list. This strategy, especially when initiated by the judicial officer, is analysed in light of the temporal goals of getting through the list on the day and moving cases along towards final resolution, and the ideological and practical requirements of legitimate judicial authority within the adversary system. The article is based on a court observation study of the general criminal list, concentrating on the role of the presiding judicial officer — the magistrate — in the lower courts of Australia. The research demonstrates that magistrates exercise considerable judgecraft which achieves temporal goals and can create space for a more engaged and therefore more legitimate decision-making process; however, their capacity to do so is limited by the judicial role and the roles allocated to others by conventional adversarial norms and practices.

Introduction --The criterion of an armed attack in the jurisprudence of the International Court of Justice --The criteria of necessity and proportionality --The trouble with armed attack and the merged conceptions of self-defence --A proposal for redefining armed attack --The ICJ : roles and restrictions --Conclusion.

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Enthält Rezensionen u.a. von: The Rome Statute of the International Criminal Court: a commentary. / Cassese, Antonio ... - Oxford : Oxford University Press, 2002. - 2018 S