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.

This remarkable expression of radical republican thought has never before been published. Algernon Sidney was among the most unrelenting partisans of the parliamentary party during the Commonwealth, and died on the scaffold in 1683 for his opposition to Charles II. Sidney's voluminous Discourses Concerning Government was published after his death, but the earlier and more vivid Court Maxims was only recently rediscovered in a manuscript in Warwick Castle. Written during Sidney's continental exile, Court Maxims reveals the international character of republican thought. Its dialogue structure presents a lively discussion about the principles of government and the practice of politics, articulating a vital tradition of republicanism in an age of absolutism. These characteristics make Court Maxims a unique text, essential reading for anyone interested in republicanism or Early Modern political thought

"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