Suchergebnisse

The Court of Justice of the European Union holds exclusive jurisdiction that extends to many international treaties, which can result in conflict of interpretation. This book compares the relationship of the Court of Justice to other courts and treaties, and examines how conflict of interpretation is largely avoided

Constitutional litigation in the United States / Robert A. Kagan and Gregory Elinson -- Access to the German Federal Constitutional Court / Werner Heun -- Mobilization of the German Federal Constitutional Court / Erhard Blankenburg -- The U.S. Supreme Court's strategic decision making process / Timothy Johnson and Maron Sorenson -- Decision making at the German Federal Constitutional Court / Uwe Kranenpohl -- Junior varsity judges? : law clerks in the decisional process of the U.S. Supreme Court / Artemus Ward -- The legal assistants at the German Federal Constitutional Court : a "black box" of research? / Otwin Massing -- The implementation of U.S. Supreme Court decisions / Lawrence Baum -- Implementation of German Federal Constitutional Court decisions : judicial orders and the federal legislature / Thomas Gawron and Ralf Rogowski -- The U.S. Supreme Court and the German Federal Constitutional Court : selection, nomination and election of justices / Klaus Stewe -- The impact of the German Federal Constitutional Court on consolidation and quality of democracy / Sascha Kneip -- Constitutional courts in changing political systems / Hans J. Lietzmann

An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile.

"How to Please the Court: A Moot Court Handbook" is a resource designed for students and teachers to prepare for and participate in undergraduate appellate court simulations. This text is the only one of its kind on the market, focusing on helping undergraduate students try their hand at appellate advocacy. The authors combine their decades of experience teaching and coaching moot court to help students understand key skills needed in appellate advocacy such as legal research , critical thinking, oral advocacy, and impromptu speaking. The authors also help students prepare for competition by taking them step by step through the work needed before a tournament and what to expect at a tournament. Unlike similar texts for law students, "How to Please the Court" speaks to students who have not yet started law school and may not have access to the materials or educational resources that a law school provides. This text includes chapters like Understanding Legal Research, Moot Court as a Classroom Activity, and Brief Writing for Moot Court

Cover -- Half-title page -- Other books in this series -- Title page -- Copyright page -- Contents -- List of abbreviations -- List of contributors -- Acknowledgments -- Introduction -- 1. Philanthrophy and poor relief before the poor law, 1801-30 -- 2. 'The best relief the poor can receive is from themselves': the Society for Promoting the Comforts of the Poor -- 3. Charitable loan fund societies in Ireland, c.1820-1914 -- 4. 'The monster misery of Ireland': landlord paternalism and the 1822 famine in the West -- 5. Charity, paternalism and power on the Clonbrock Estates, County Galway, 1834-44 -- 6. Pecuniary assistance for poverty and emigration: the politics of landed estate management and philanthropy in mid-nineteenth-century Ireland -- 7. 'Guinness is good for you': experiences in workers' housing and public amenities by the Guinness Brewery and Guinness/Iveagh Trust, 1872-1915 -- 8. 'A person of the second order': the plight of the intellectually disabled in nineteenth-century Ireland -- 9. 'Saver of the children': the National Society for the Prevention of Cruelty to Children in Ireland, 1889-1921 -- 10. From lace making to social activism: the resourcefulness of campaigning women philanthropists -- 11. Cultural philanthrophy in mid-nineteenth-century Ireland -- 12. Doing good and being bad in Victorian Ireland: some literary and evolutionary perspectives -- Index.

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Cover -- Title page -- Copyright page -- Table of contents -- Dedication -- Preface to the second edition -- Preface to the first edition -- Abbreviations and glossary -- Introduction -- 1. False starts, 1919-23 -- 2. Resurrection, 1923-32 -- 3. Towards the Third Reich, April 1932-August 1933 -- 4. Consolidating the Hitler state, September 1933-July 1934 -- 5. Transition, August 1934-August 1935 -- 6. International power politics, September 1935-August 1937 -- 7. The appeasement triangle, September 1937-September 1938 -- 8. Perception, reality and neutrality, October 1938-September 1939 -- Conclusion: secret histories -- Select bibliography -- Addendum to the bibliography -- Index.

"This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area. Closing the gap between empirical interview data, and case law analysis, chapters use a unique combination of the two research methods to consider two current, and one former, EU Member States. The book demonstrates that judges extensively use the procedure and follow its outcome almost without exception, despite dissatisfaction and criticism regarding the absence of a true dialogue. By embedding the examples in the book in appropriate theory, this study will provide a useful read for students of EU law, particularly those wanting to better understand its consequences in the national legal order. Its recommendations for good practices in the ECJ and national courts will also be helpful to legal practitioners, judges and legal secretaries"--

The specialist Aboriginal Court is one of the most important and controversial measures introduced in recent decades to address the disadvantage and particular needs of Aboriginal people in the criminal courts of Australia. This book offers a comprehensive analysis of Aboriginal Courts and their relationship to the criminal justice system.