Author: Symposium: Judicialization and Globalization of the Judiciary. 1, 2002, Austin, Tex..
Publisher:
ISBN:
Category :
Languages : en
Pages : 266
Book Description
Symposium Judicialization and Globalization of the Judiciary
Author: Symposium: Judicialization and Globalization of the Judiciary. 1, 2002, Austin, Tex..
Publisher:
ISBN:
Category :
Languages : en
Pages : 266
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 266
Book Description
Symposium Globalization and the Judiciary
Symposium Globalization and the Judiciary
Author: Symposium: Globalization and the Judiciary. 2, 2003, Austin, Tex..
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Courts and Comparative Law
Author: Mads Andenas
Publisher: OUP Oxford
ISBN: 0191059048
Category : Law
Languages : en
Pages : 730
Book Description
While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.
Publisher: OUP Oxford
ISBN: 0191059048
Category : Law
Languages : en
Pages : 730
Book Description
While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.
Current Law Index
The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs
Author: Riaan Eksteen
Publisher: Springer
ISBN: 9462652953
Category : Law
Languages : en
Pages : 448
Book Description
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
Publisher: Springer
ISBN: 9462652953
Category : Law
Languages : en
Pages : 448
Book Description
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
Michigan Journal of International Law
The EFTA Court
Author: Carl Baudenbacher
Publisher: Bloomsbury Publishing
ISBN: 1847310125
Category : Law
Languages : en
Pages : 224
Book Description
On the occasion of its tenth anniversary, the EFTA Court held a conference at which speakers were asked to reflect on the case law of the Court and its role in the European Economic Area (EEA). In the course of its work, the Court has acted as a driving force of integration under the EEA Agreement, by establishing general principles such as state liability and giving landmark judgments in several areas of European law. The essays in this volume, by leading experts and high-ranking representatives of national and European courts, cover areas such as the relationship between the principle of free movement and national or collective preferences on the EU/EEA and WTO levels, the relationship between the European courts and the Member States in European integration, homogeneity as a general principle of European integration, and the importance of judicial dialogue. In this regard, the sentence from President Skouris of the Court of Justice of the European Communities, who called the dialogue between the EFTA Court and the EC Court 'a shining example of judicial cooperation', could also serve as a motto for the present book.
Publisher: Bloomsbury Publishing
ISBN: 1847310125
Category : Law
Languages : en
Pages : 224
Book Description
On the occasion of its tenth anniversary, the EFTA Court held a conference at which speakers were asked to reflect on the case law of the Court and its role in the European Economic Area (EEA). In the course of its work, the Court has acted as a driving force of integration under the EEA Agreement, by establishing general principles such as state liability and giving landmark judgments in several areas of European law. The essays in this volume, by leading experts and high-ranking representatives of national and European courts, cover areas such as the relationship between the principle of free movement and national or collective preferences on the EU/EEA and WTO levels, the relationship between the European courts and the Member States in European integration, homogeneity as a general principle of European integration, and the importance of judicial dialogue. In this regard, the sentence from President Skouris of the Court of Justice of the European Communities, who called the dialogue between the EFTA Court and the EC Court 'a shining example of judicial cooperation', could also serve as a motto for the present book.
Inequality in Education
Author: Donald B. Holsinger
Publisher: Springer Science & Business Media
ISBN: 9048126525
Category : Education
Languages : en
Pages : 609
Book Description
Inequality in Education: Comparative and International Perspectives is a compilation of conceptual chapters and national case studies that includes a series of methods for measuring education inequalities. The book provides up-to-date scholarly research on global trends in the distribution of formal schooling in national populations. It also offers a strategic comparative and international education policy statement on recent shifts in education inequality, and new approaches to explore, develop and improve comparative education and policy research globally. Contributing authors examine how education as a process interacts with government finance policy to form patterns of access to education services. In addition to case perspectives from 18 countries across six geographic regions, the volume includes six conceptual chapters on topics that influence education inequality, such as gender, disability, language and economics, and a summary chapter that presents new evidence on the pernicious consequences of inequality in the distribution of education. The book offers (1) a better and more holistic understanding of ways to measure education inequalities; and (2) strategies for facing the challenge of inequality in education in the processes of policy formation, planning and implementation at the local, regional, national and global levels.
Publisher: Springer Science & Business Media
ISBN: 9048126525
Category : Education
Languages : en
Pages : 609
Book Description
Inequality in Education: Comparative and International Perspectives is a compilation of conceptual chapters and national case studies that includes a series of methods for measuring education inequalities. The book provides up-to-date scholarly research on global trends in the distribution of formal schooling in national populations. It also offers a strategic comparative and international education policy statement on recent shifts in education inequality, and new approaches to explore, develop and improve comparative education and policy research globally. Contributing authors examine how education as a process interacts with government finance policy to form patterns of access to education services. In addition to case perspectives from 18 countries across six geographic regions, the volume includes six conceptual chapters on topics that influence education inequality, such as gender, disability, language and economics, and a summary chapter that presents new evidence on the pernicious consequences of inequality in the distribution of education. The book offers (1) a better and more holistic understanding of ways to measure education inequalities; and (2) strategies for facing the challenge of inequality in education in the processes of policy formation, planning and implementation at the local, regional, national and global levels.