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On Judicial Management from Comparative Perspective

On Judicial Management from Comparative Perspective PDF Author: Loic Cadiet
Publisher: Springer Nature
ISBN: 9811986738
Category : Law
Languages : en
Pages : 283

Book Description
This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.

On Judicial Management from Comparative Perspective

On Judicial Management from Comparative Perspective PDF Author: Loic Cadiet
Publisher: Springer Nature
ISBN: 9811986738
Category : Law
Languages : en
Pages : 283

Book Description
This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.

Deference to the Administration in Judicial Review

Deference to the Administration in Judicial Review PDF Author: Guobin Zhu
Publisher: Springer Nature
ISBN: 3030315398
Category : Law
Languages : en
Pages : 445

Book Description
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.

The Judicial Process in Comparative Perspective

The Judicial Process in Comparative Perspective PDF Author: Mauro Cappelletti
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 464

Book Description
This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.

Court Performance Around the World

Court Performance Around the World PDF Author: Maria Dakolias
Publisher: World Bank Publications
ISBN: 9780821344361
Category : Law
Languages : en
Pages : 74

Book Description
World Bank Technical Paper no. 430.QUOTEMany countries are undertaking legal and judicial reforms as part of their overall development programs; there is increasing recognition that economic and social progress requires consolidation of democracy as well as respect for the rule of law and human rights; without these development is not sustainable.QUOTEMany developing countries find that their judiciaries are inconsistent in conflict resolution and carry a large backlog of cases, thus stifling private-sector growth, eroding individual and property rights, and perhaps even violating human rights. Delays affect both the fairness and the efficiency of the system. They impede the public's access to the courts, which, in effect, weakens democracies, the rule of law and the ability to enforce human rights. This paper aims to describe and explain the performance of court systems in a sample of developing and developed countries in order to provide data to those designing or evaluating reforms. The study also seeks to show areas in which international comparison of judicial performance can be fruitful, suggesting indicators that can be used in such comparisons. Finally, it endeavors to provide comparisons of performance within individual countries over time.

Judicial Activism in Comparative Perspective

Judicial Activism in Comparative Perspective PDF Author: Kenneth M. Holland
Publisher: Springer
ISBN: 1349117749
Category : Law
Languages : en
Pages : 230

Book Description
The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.

Judicial Control of Foreign Evidence in Comparative Perspective

Judicial Control of Foreign Evidence in Comparative Perspective PDF Author: Chantal Joubert
Publisher: Rozenberg Publishers
ISBN: 9036191327
Category : Law
Languages : en
Pages : 166

Book Description
Discusses judicial control of foreign evidence in comparative perspective

The Judicial Process in Comparative Perspective

The Judicial Process in Comparative Perspective PDF Author: Mauro Cappelletti
Publisher:
ISBN:
Category :
Languages : en
Pages : 417

Book Description


Deference to the Administration in Judicial Review

Deference to the Administration in Judicial Review PDF Author: Guobin Zhu
Publisher:
ISBN: 9783030315405
Category : Administrative law
Languages : en
Pages : 445

Book Description
This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.

Collective Judging in Comparative Perspective

Collective Judging in Comparative Perspective PDF Author: Birke Häcker
Publisher:
ISBN: 9781780686240
Category : Court administration
Languages : en
Pages : 0

Book Description
This book focuses on the decision-making processes in modern collegiate courts. Judges from some of the world s highest and most significant judicial bodies, both national and supranational, share their experiences and reflect on the challenges to which their joint judicial endeavour gives rise.

Fair Trial and Judicial Independence

Fair Trial and Judicial Independence PDF Author: Attila Badó
Publisher: Springer Science & Business Media
ISBN: 3319012169
Category : Law
Languages : en
Pages : 248

Book Description
This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.​