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Judicial Review In An Objective Legal System

Author: Tara Smith
Publisher: Cambridge University Press
ISBN: 1107114497
Size: 12.23 MB
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This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.

Einf Hrung In Das Koreanische Recht

Author: Korea Legislation Research Institute
Publisher: Springer-Verlag
ISBN: 9783642116063
Size: 13.63 MB
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Mit der Globalisierung sind die Grenzen zwischen den Staaten durchlässiger geworden. Der transnationale Austausch und Handel sind groß wie nie zuvor. Korea ist zu einem wichtigen Handelspartner für Deutschland geworden. Grundkenntnisse im koreanischen Recht sind eine wichtige Voraussetzung, um von einem unterschiedlichen Rechtsverständnis nicht überrascht zu werden. Geschrieben von Experten auf ihrem jeweiligen Gebiet stellt das Werk das koreanische Recht in neun Kapiteln vor: Geschichtliche Entwicklung und Charakteristika, Verfassungsrecht, Verwaltungsrecht, Zivilrecht (einschließlich Zivilprozessrecht), Internationales Privatrecht, Handels- und Gesellschaftsrecht, Wirtschaftsrecht, Arbeits- und Sozialrecht, Strafrecht (einschließlich Strafprozessrecht).

The Role Of Islam In The Legal System Of Pakistan

Author: Martin Lau
Publisher: BRILL
ISBN: 9004149279
Size: 60.26 MB
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Starting in 1947, this volume examines the way Pakistani judges have dealt with the controversial issue of Islam in the past 50 years. The book's focus on reported case-law offers a new perspective on the Islamisation of Pakistan's legal system in which Islam emerges as more than just a challenge to Western conceptions of human rights.

Judicial Review

Author: Susana Galera
Publisher: Council of Europe
ISBN: 9789287167231
Size: 48.36 MB
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"The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role. This trend is also characterized by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls. This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled. Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law. The authors conclude that the issue of individual guarantees vis-à-vis public powers should be carefully monitored in Europe."--

The Principle Of Effective Legal Protection In Administrative Law

Author: Zoltán Szente
Publisher: Routledge
ISBN: 1317019245
Size: 70.52 MB
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This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems.

American Law And Legal Systems

Author: James V. Calvi
Publisher: Taylor & Francis
ISBN: 131722552X
Size: 48.32 MB
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American Law and Legal Systems examines the philosophy of law within a political, social, and economic framework with great clarity and insight. Readers are introduced to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics, from how a lawsuit is filed through the final appeal. This new edition provides essential updates to forensic and scientific evidence, contract law, and family law, and includes new text boxes and tables to help students understand, remember, and apply central concepts. New to the 8th Edition Updates the coverage of environmental law, especially in relation to climate change. Updates the coverage of family law, especially in relation to gay marriage. Includes new coverage of challenges to the Voting Rights Act, campaign finance, and cybersecurity. Covers the effects of social media on judicial proceedings. Includes 16 new cases, including Obergefell v. Hodges. Adds new text boxes on intriguing subjects throughout. Accompanied by an author-written Instructor’s Manual that includes Learning Objectives, Chapter Summaries, Chapter Outlines, Key Terms and Concepts, as well as Test Questions for each chapter.

Politics Judicial Review And The Russian Constitutional Court

Author: C. Thorson
Publisher: Springer
ISBN: 0230368972
Size: 40.10 MB
Format: PDF
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Analysis of why politicians are driven to create an independent judicial institution with the authority to overrule their decisions. It focuses on a country with no tradition of independent judicial review - Russia. History does not support an independent judiciary here; yet a potentially powerful constitutional court has existed for 20 years.

Criminal Judicial Review

Author: Piers von Berg
Publisher: Bloomsbury Publishing
ISBN: 1849468303
Size: 30.77 MB
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This is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written by a team of criminal and public law practitioners, it considers claims for judicial review arising in the criminal justice system, which now represent a distinct area of public law. These claims are set apart by special considerations and rules; for example, on the limits of the High Court's jurisdiction or the availability of relief during ongoing proceedings. Criminal practitioners may lack the background to spot public law points. Equally, public law specialists may be unfamiliar with criminal law and types of issues that arise. Criminal Judicial Review is intended as a resource for both. The book deals with the principles, case law, remedies and, the practice and procedure for obtaining legal aid and costs. It will be of assistance to any practitioner preparing or responding to judicial review claims involving the following: - The Police and the Crown Prosecution Service. - Magistrates' courts, the Crown Court and Coroners. - Prisons and the Parole Board. - Statutory bodies such as the Independent Police Complaints Commission and the Legal Aid Agency. - Claimants who are children, young persons or have mental disorders. - The international dimension including extradition proceedings and European Union law. - Practical considerations such as CPR Part 54, remedies, legal aid and costs. From the Foreword by The Rt Hon Lord Judge "The book is offered in clear and simple style, focussing less on esoteric theoretical considerations and more on the practical needs of the practitioner. It brings together materials relating to public law with which a criminal specialist may be less well informed, and material relevant to the criminal justice processes which may not be immediately apparent to the public law specialist. It will assist with the preparation of arguments, and also enable submissions which are unarguable to be discarded. It will therefore provide valuable guidance in this broad and developing area of practice.??