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Rethinking Judicial Reforms

Author : Kāḷīśvaraṃ Rāj
Publisher :
Page : 179 pages
File Size : 49,24 MB
Release : 2017
Category : Justice, Administration of
ISBN : 9789350359846

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Rethinking Judicial Reforms

Author : Kāḷīśvaraṃ Rāj
Publisher : Universal Law Publishing
Page : 191 pages
File Size : 28,5 MB
Release : 2018
Category : Law reform
ISBN : 9788131253960

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Administrative Law

Author : Christopher F. Edley
Publisher : Yale University Press
Page : 288 pages
File Size : 20,65 MB
Release : 1992-07-29
Category : Law
ISBN : 9780300052534

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This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.

Rethinking Juvenile Justice

Author : Elizabeth S Scott
Publisher : Harvard University Press
Page : 379 pages
File Size : 26,82 MB
Release : 2009-06-30
Category : Law
ISBN : 0674043367

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What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.

Justice Reform and Development

Author : Linn A. Hammergren
Publisher : Routledge
Page : 278 pages
File Size : 46,27 MB
Release : 2014-04-29
Category : Law
ISBN : 1317810260

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This book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.

Reforming the Court

Author : Roger C. Cramton
Publisher :
Page : 532 pages
File Size : 15,60 MB
Release : 2006
Category : Law
ISBN :

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The Supreme Court today exercises power over the lives of citizens that, in important respects, exceeds that of other branches of the federal government. Life-tenured justices wield this enormous power for two or three decades and the only process that provides some accountability to the people occurs as new appointments regenerate the Court. Because justices now serve so long, that process occurs only rarely and irregularly and may be affected by a justice's desire to have a successor appointed by a like-minded president. Some presidents have great influence on the Court's future decisions by the happenstance that they receive three or more appointments; other presidents have little or no influence because no vacancies arise during their terms. This collection of essays by eminent legal scholars provides a comprehensive, balanced, and compelling examination of a largely neglected, but very important, subject. What are the harmful consequences of the lengthening tenure of Supreme Court justices? Do those consequences suggest that reform is necessary or desirable? Can the problem be remedied by congressional enactments or is a constitutional amendment required? "[Q]uite accessible, devoid of a lot of legal jargon... a must read for anyone interested in the politics of judicial reform, as well as those interested in the current debate among legal academics about the effects of life tenure on judges." -- Law & Politics Book Review

Rethinking the Role of Judicial Independence in Socialist Transforming East Asia

Author : John Gillespie
Publisher :
Page : 0 pages
File Size : 10,35 MB
Release : 2012
Category :
ISBN :

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This article argues that judicial independence is a poor indicator of the capacity of courts to effectively resolve commercial disputes. Judicial power is a more accurate measure because it assesses whether courts have sufficient jurisdiction, discretionary authority and enforcement powers to make decisions over socially meaningful commercial problems. In fact, judicial independence may reduce the power of newly emerging commercial courts in socialist transforming Asia, which need politics to protect them from interference by powerful governments and private investors. This article explores the trade-offs between judicial power and political patronage by inquiring into the circumstances where patronage may slide into interference. It also investigates the conditions in which judges are most likely to acquire or arrogate discretionary powers to understand politics on their terms. Finally, this article analyses the highly polarized views in this region about what constitutes valid judicial determinations. The message for international agencies contemplating judicial reforms is that reducing political influence and promoting law-based decisions will not uniformly generate popular support and legitimacy for courts.

Rethinking Law

Author : Amy Kapczynski
Publisher : MIT Press
Page : 170 pages
File Size : 30,89 MB
Release : 2022-07-05
Category : Law
ISBN : 1946511730

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Some of today’s top legal thinkers consider the ways that legal thinking has bolstered—rather than corrected—injustice. Bringing together some of today’s top legal thinkers, this volume reimagines law in the twenty-first century, zeroing in on the most vibrant debates among legal scholars today. Going beyond constitutional jurisprudence as conventionally understood, contributors show the ways in which legal thinking has bolstered rather than corrected injustice. If conservative approaches have been well served by court-centered change, contributors to Rethinking Law consider how progressive ones might rely on movement-centered, legislative, and institutional change. In other words, they believe that the problems we face today are vastly bigger than can be addressed by litigation. The courts still matter, of course, but they should be less central to questions about social justice. Contributors describe how constitutional law supported a system of economic inequality; how we might rethink the First Amendment in the age of the internet; how deeply racial bias is embedded in our laws; and what kinds of changes are necessary. They ask which is more important: the laws or how they are enforced? Rethinking Law considers these questions with an eye toward a legal system that truly supports a just society. Contributors include Jedediah Purdy, David Grewal, Jamal Greene, Reva Siegel, Jocelyn Simonson, Aziz Rana

Justice Reform and Development

Author : Linn A. Hammergren
Publisher :
Page : 0 pages
File Size : 47,68 MB
Release : 2015-07-22
Category : Economic assistance
ISBN : 9781138950849

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This book explores the impact of three decades of donor-sponsored judicial reform in developing countries, and suggests how future efforts might be improved. Responding to a recently articulated thesis, Linn Hammergren argues that claims of the failure of justice reform programs are vastly overstated and based, like the programs themselves, on overly ambitious expectations as to what can be accomplished. Justice Reform and Development argues that the recommended remedies still do not answer the questions of which objectives can reasonably be pursued and suggests justice reform may be more effective if it is not seen as a problem unique to the developing world.