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Author : Kwai Hang Ng
Publisher : Cambridge University Press
Page : 263 pages
File Size : 37,49 MB
Release : 2017-10-26
Category : Computers
ISBN : 1108420494
A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.
Author : Kwai Hang Ng
Publisher : Cambridge University Press
Page : 263 pages
File Size : 40,36 MB
Release : 2017-10-26
Category : Law
ISBN : 1108357229
Embedded Courts is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse as the populations they serve. Based on extensive fieldwork and in-depth interviews, this book offers a penetrating discussion of the operation of Chinese courts. It explains how Chinese judges rule and how the law is not the only script they follow - political, administrative, social and economic factors all influence verdicts. This landmark work will revise our understanding of the role of law in China - one that cannot be easily understood through the standard lens of judicial independence and separation of powers. Ng and He make clear the struggle facing frontline judges as they bridge the gap between a rule-based application of law and an instrumentalist view that prioritizes stability maintenance.
Author : Robert H. Dierker, Jr.
Publisher : Crown Forum
Page : 288 pages
File Size : 25,73 MB
Release : 2006-12-26
Category : Political Science
ISBN : 0307393569
For the first time, a sitting judge blows the whistle on America’s out-of-control courts. A judge for more than twenty years, Robert Dierker has enjoyed a distinguished legal career. But now that career may be on the line. Why? Because he is breaking the code of silence that has long kept judges from speaking out to present a withering account of how radical liberals run roughshod over the Constitution, waging war on the laws of nature, the laws of reason, and the law of God. Even those outraged by America’s courts will be shocked by Judge Dierker’s story of activist judges, deep-pocketed special interest groups, pandering politicians, and others who claim to stand for tolerance, equal rights, and social justice, but actually stand for something quite different—something closer to totalitarianism. Citing not only Judge Dierker’s own experiences but dozens of other recent court cases, The Tyranny of Tolerance shows how the courts enable left-wing activists to ram their dangerous agenda down the throats of the American people. Consider: • Why do the courts claim the power to tax us? • Why is a Christian fired when he voices opposition to his employer’s favoring homosexuals? • Why are airline pilots sued and sent to “diversity training” for recommending that suspicious-looking people of Middle Eastern appearance be kept off planes? • Why does a judge who defends a monument to the Ten Commandments in a courthouse lose his job? • Why are speech codes imposed on employers, university students, lawyers (and judges!), while “artistic” indecency is protected from even the mildest regulation? • Why are peaceful abortion protesters thrown in jail, their right to free speech crushed? • Why are white and Asian students denied admission to colleges and universities in the name of “diversity”? • Why is an enemy fighter captured in Afghanistan granted access to U.S. federal courts, overturning judicial precedent safeguarding the president’s wartime powers—to say nothing of common sense? With this passionate insider’s account, Judge Dierker reminds Americans what’s at stake in the battle for the courts: the Constitution, the success of the war on terrorism, the freedom to worship God, the ability to keep our families safe, the institution of marriage, and much more. Fortunately, Judge Dierker shows how we can defeat the radical liberals’ tyranny of tolerance. By wresting back control of the courts and restoring the legal, moral, and religious principles embedded in the Constitution, we can ultimately reclaim the republic the Founders bequeathed to us.
Author : Linda Camp Keith
Publisher : University of Pennsylvania Press
Page : 338 pages
File Size : 32,76 MB
Release : 2011-11-29
Category : Political Science
ISBN : 0812207033
The world seems to have reached agreement on a set of ideals regarding state human rights behavior and the appropriate institutions to promote and protect those ideals. The global script for state legitimacy calls for a written constitution or the equivalent with an embedded bill of rights, democratic processes and institutions, and increasingly, a judicial check on state power to protect human rights. While the progress toward universal formal adherence to this global model is remarkable, Linda Camp Keith argues that the substantive meaning of this progress is much less clear. In Political Repression, she seeks to answer two key questions: Why do states make formal commitments to democratic processes and human rights? What effect do these commitments have on actual state behavior, especially political repression? The book begins with a thorough exploration of a variety of tools of state repression and presents evidence for substantial formal acceptance of international human rights norms in constitutional documents as well as judicial independence. Keith finds that these institutions reflect the diffusion of global norms and standards, the role of transnational networks of nongovernmental organizations, and an electoral logic in which regimes seek to protect their future interests. Economic liberalism, on the other hand, decreases the likelihood that states adopt or maintain these provisions. She demonstrates that the level of judicial independence is influenced by constitutional structures and that levels of judicial independence subsequently achieved in turn diminish the probability of state repression of a variety of rights. She also finds strong evidence that rights provisions may indeed serve as a constraint on state repression, even when controlling for many other factors.
Author : Chris Kendall
Publisher : University of Pennsylvania Press
Page : 257 pages
File Size : 30,28 MB
Release : 2024-07-16
Category : Political Science
ISBN : 1512826227
When do domestic courts protect international human rights? By the end of the twentieth century, the world had witnessed an unprecedented flourishing of international human rights law and a growing number of democratic states whose domestic institutions promised to protect those rights. A single institution often became the center of these efforts: the court. Advocates in newly democratized states could look to high courts to demand that their governments comply with international law and bring policy into line with liberal rhetoric. This process, however, put these young courts in a difficult position. With no deep well of historical legitimacy to draw on in new political environments, courts had to weigh high-minded legal principles against the limited resources or political preferences of elected governments. In such situations, how did these courts respond, and what strategies allowed some to successfully build their legitimacy over time while others faltered, succumbing to political pressure or suffering political backlash? In Between Possibility and Peril, Chris Kendall explores this dynamic in three states—Colombia, Mexico, and South Africa—in the twenty years following each country’s democratic transition. The case studies reveal a common pattern: what matters most is not international law itself, but a court’s ability to control its procedural environment. Control over these “rules of the game” allows a court to selectively engage international human rights issues that can enhance its legitimacy and build public support while avoiding those issues likely to put it in direct conflict with hostile political actors. The result is paradoxical—the most successful courts in the long term are those who in the short term often choose to disappoint rights advocates.
Author : Tatiana Grieshofer
Publisher : Cambridge University Press
Page : 139 pages
File Size : 49,72 MB
Release : 2024-04-30
Category : Language Arts & Disciplines
ISBN : 1009378007
Focusing on adversarial legal settings, this Element explores discursive practices in court proceedings which often involve unrepresented parties – private family proceedings and small claims cases. Such proceedings present the main caseload of county and family courts, but pose immense challenges when it comes to legal-lay communication. Drawing on court observations, alongside textual and interview data, the Element pursues three aims: (1) developing the methodological and theoretical framework for exploring discursive practices in legal settings; (2) establishing the link between legal-lay discourse and procedural justice; (3) presenting and contextualising linguistic phenomena as an inherent part of court research and practice. The Element illustrates how linguistic input can contribute to procedural changes and court reforms across different adversarial and non-adversarial legal settings. The exploration of discursive practices embedded in court processes and procedures consolidates and advances the existing court research conducted within the fields of socio-legal studies and forensic linguistics. This title is also available as Open Access on Cambridge Core.
Author : Xin He
Publisher :
Page : 0 pages
File Size : 41,70 MB
Release : 2024-12-12
Category : Law
ISBN : 9780198927785
The Judicial System of China is a systematic study of Chinese courts after Xi Jinping took power and thoroughly reformed its judiciary. Unlike the judicial independence perspective and the rights-protection approach, this book presents a governance model for understanding the operation of the Chinese court system.
Author : Brooke Coleman
Publisher : NYU Press
Page : 280 pages
File Size : 39,97 MB
Release : 2022-07-12
Category : Law
ISBN : 1479805971
Shines a light on the ways in which civil procedure may privilege—or silence—voices in our justice system In today’s increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure. Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession. A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom.
Author : Barbara Jacobs Rothstein
Publisher :
Page : 40 pages
File Size : 16,66 MB
Release : 2007
Category : Electronic discovery (Law)
ISBN :
Author : David R. Dow
Publisher : Bloomsbury Publishing USA
Page : 184 pages
File Size : 23,3 MB
Release : 2009-04-30
Category : History
ISBN : 031337709X
America's Prophets: How Judicial Activism Makes America Great fills a major void in the popular literature by providing a thorough definition and historical account of judicial activism and by arguing that it is a method of prophetic adjudication which is essential to preserving American values. Dow confounds the allegation of the Christian right that judicial activism is legally and morally unsound by tracing the roots of American judicial activism to the methods of legal and moral interpretation developed by the prophets of the Hebrew Bible. He claims that Isaiah, Amos, and Jesus are archetypal activist judges and, conversely, that modern activist judges are America's prophets. Dow argues that judicial restraint is a priestly method of adjudication and that it, not judicial activism, is the legally and morally unsound method. Race and gender discrimination, separation of church and state, privacy rights, and same-sex marriage are all issues that have divided our nation and required judicial intervention. Every time the courts address a hot-button issue and strike down entrenched bias or bigotry, critics accuse the justices of being judicial activists, whose decisions promote their personal biases and flout constitutional principles. This term, despite its widespread currency as a pejorative, has never been rigorously defined. Critics of judicial activism properly point out that when judges overturn laws that enforce popular norms they thwart the will of the majority. But Dow argues that so-called activist judges uphold two other American legal values that are as deeply embedded in American legal culture as majoritarianism: liberty and equality. He challenges the notion that judicial activism is unprincipled, and he provides a vocabulary and historical context for defending progressive decisions.