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

International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional and international politics. Examining global and regional bodies, this volume investigates how political and social contexts shape the authority of international courts.

US Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents - Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago - Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.

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

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.

To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.

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.

Examines the new courts created throughout Asia, covering important jurisdictions including human rights, intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law, labour and industrial disputes. This book evaluates their performances, and considers the economic and political implications.

This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.