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Judicial Independence At The Crossroads

Author: Stephen B Burbank
Publisher: SAGE
ISBN: 9780761926573
Size: 23.95 MB
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This book provides a path-breaking, interdisciplinary collection of essays by leading scholars on the contentious issues of judicial independence and federal judicial selection.

The Politics Of Judicial Independence In The Uk S Changing Constitution

Author: Graham Gee
Publisher: Cambridge University Press
ISBN: 1316240533
Size: 11.84 MB
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Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.

Special Issue The Discourse Of Judging

Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1780528701
Size: 40.58 MB
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This special issue of Studies in Law, Politics, and Society focuses on the discourse of judging and the "language of judging" within many diverse legal scenarios. The volume features chapters specifically on: the "language of rights" within the context of abortion and same-sex marriage cases; discourses within the European Court of Justice; the mod

The Dynamics Of Judicial Independence

Author: Lorne Neudorf
Publisher: Springer
ISBN: 3319498843
Size: 71.85 MB
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This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

Framed

Author: Sanford Levinson
Publisher: Oxford University Press
ISBN: 0199930872
Size: 56.99 MB
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In his widely acclaimed volume Our Undemocratic Constitution, Sanford Levinson boldly argued that our Constitution should not be treated with "sanctimonious reverence," but as a badly flawed document deserving revision. Now Levinson takes us deeper, asking what were the original assumptions underlying our institutions, and whether we accept those assumptions 225 years later. In Framed, Levinson challenges our belief that the most important features of our constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the President by the electoral college, or the dimensions of the President's veto power--not to mention the near impossibility of amending the United States Constitution. These seemingly "settled" and "hardwired" structures contribute to the now almost universally recognized "dysfunctionality" of American politics. Levinson argues that we should stop treating the United States Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the 50 state constitutions, often interestingly different--and perhaps better--than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. California's ungovernable condition has prompted serious calls for a constitutional convention. This constant churn indicates that basic law often reaches the point where it fails and becomes obsolete. Given the experience of so many states, he writes, surely it is reasonable to believe that the U.S. Constitution merits its own updating. Whether we are concerned about making America more genuinely democratic or only about creating a system of government that can more effectively respond to contemporary challenges, we must confront the ways our constitutions, especially the United States Constitution, must be changed in fundamental ways.

Cross National Drug Policy

Author: Robert MacCoun
Publisher: SAGE Publications, Incorporated
ISBN:
Size: 65.24 MB
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While citizens experiment with illegal drugs, their governments experiment with regulations to prohibit drugs. Scholars, analysts, and policy makers who know what legal prohibitions other countries have tried and found successful will have a better chance of crafting effective drug policy for their countries. This special issue of The Annals describes the experiences of eleven countries: Australia, Canada, Columbia, Denmark, France, Iran, Jamaica, Mexico, Portugal, Russia, and Sweden. Articles are grouped by geography and wealth: the wealthy West, the western hemisphere, and the transition countries. The drug problems of wealthy Western nations have generally worsened since the 1960s. Some have no clearly articulated vision behind their drug policy (e.g. Denmark); others have tough policies (e.g. Sweden). France and Portugal both recently instituted sharp changes in drug policy. While no outcome results are yet available from Portugal, France has experience a huge increase in the number of users in treatment. Australia’s strong harm-reduction policy remains in place despite increasing heroin deaths and other drug-related problems. U.S. consumption and U.S. international drug policies affect western hemisphere countries’ policy as well as generate problems for them. Although Mexican drug use remains at modest levels, the country faces violent and powerful criminal groups. The groups’ creation is related to Mexico’s role as the principal source and primary transshipment route for drugs bound for the U.S. IN Jamaica, another route for cocaine shipped to the U.S. and another focus of U.S. international drug policy, drug trafficking has exacerbated the long-standing problem of politically related gang violence by increasing the moneys and weapons involved. Drug use is a relatively minor concern of Columbian policy, also under U.S. pressure; instead, it focuses on trafficking and related corruption and violence. Iran and Russia are countries in transition. Contending with fundamental economic and social change following the collapse of the Soviet Union, Russia has had little political debate regarding its highly intolerant drug policy. Iran’s drug policies have frequently shifted during its long history of dealing with opiate abuse, from harsh punishment to regulation of use and back again. Most recently, more therapeutically oriented approaches have been tried. Two articles address geographically broader issues. One shows how U.S. politicians distorted results from a study of needle exchange in Vancouver. The other discusses creation of a new regulatory regime for governing developed nations’ banking systems, in the belief that illegal drugs account for a substantial fraction of suspicious financial transactions, particularly across national borders.

Global Perspectives On Complementary And Alternative Medicine

Author: Helen E. Sheehan
Publisher: SAGE Publications, Incorporated
ISBN:
Size: 22.65 MB
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Once labeling complementary and alternative medicine (CAM) as quackery or fraud, the biomedical community is becoming increasingly complex as it struggles to cope with the explosion of alternative treatments seen in the United States. With the establishment of the National Center for Complementary and Alternative Medicine along with an increase in departments or courses on alternative medicine seen in major American medical schools, CAM has nudged its way into mainstream medicine. Now that it has gained a foothold in the biomedical community, several questions arise about its impact on our culture. This issue of the ANNALS sheds light on the political-economic role as well as socio-cultural influences of CAM over the past 20 years. This collection of articles also addressees the global and cross-cultural dimensions of CAM. With ever-changing messages in the media about CAM and biomedicine, the task of evaluating it is daunting. Yet the contributors to this issue - social scientists devote to researching the effects of Cam on our society - are able to provide insight and a thorough commentary on the meanings of health, illness and modes of healing.