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Judicial Process and Judicial Policymaking
An excellent introduction to judicial politics as a method of analysis, the eighth edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process.Rather than limiting the text to coverage of the U.S.Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: (1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; (2) Judicial policymaking is a distinctive activity; (3) Courts make policy in a variety of ways; and (4) Courts may be the objects of public policy, as well as creators. New to the Eighth EditionDiscusses appointments by Presidents Donald Trump and Joseph Biden to the federal courts, including the confirmations of Gorsuch, Kavanaugh, Coney Barrett, and Jackson to the Supreme CourtIntroduces the controversy of the Supreme Court’s “shadow docket”Analyzes the legal and political aftermath of the Dobbs v.Jackson Women’s Health Organization overruling Roe v.Wade Examines other key state and federal rulings on non-unanimous verdicts in criminal cases, gerrymandering, climate change, and separation between church and state
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The Judicial System of Russia
The Judicial System of Russia paints a portrait of the courts of the Russian Federation under Putin, how they work in practice, and what shapes the behaviour of its judges.It stresses the dual nature of a judicial system, where ordinary cases are for the most part handled fairly, but where cases of interest to powerful persons are subject to influence--a common situation in authoritarian states.In so doing, the authors trace the origins of some contemporary practices to the Soviet past, but also identify novelties.They pay close attention to the struggles of reformers to make the courts fairer and more efficient, along with the measures taken to ensure that judges conform to the expectations of their political masters.This means dealing with the evolution of judicial governance, including the selection, promotion, and disciplining of judges. In studying the actual operation of the courts, the authors take a socio-legal approach, emphasizing how different players (petitioners, respondents, lawyers, prosecutors, accused, judges) behave and why.This means dealing with the full gamut of courts from justices of the peace through the Supreme and Constitutional Courts and analysing their conduct in ordinary civil disputes, criminal cases, business disputes, administrative justice (claims against state officials), and constitutional matters.The authors also examine the relation of the public to the courts, including its readiness to litigate disputes despite generally negative views of the courts. This analysis of the administration of justice in Russia covers both the Constitutional Amendments of 2020 and developments relating to the first months of the 2022 War in Ukraine.It is a must read for academics, practitioners, and all those with an interest in comparative courts and Russia's judicial system.
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Judicial Review of Competition Cases
This multi-jurisdictional guide explores the framework and practice in relation to judicial review of competition cases across leading jurisdictions. In a comparative study composed of seventeen essays, current and former judges, alongside notable academics and enforcers, provide global perspectives on universally relevant issues. Topics addressed include questions of fundamental rights and due process, as well competition-specific concerns regarding merger review, monopolization, inspection decisions, fine-setting by the European Commission, and State aid in tax-related matters, among others. Edited by two eminent voices from the bench, the collection fills an important gap in the literature, and constitutes essential reading for all concerned with the rule of law in the competition area. The jurisdictions covered include Australia, China, the European Union, France, Germany, Hong Kong Special Administrative Region, India, Italy, Japan, Poland, South Africa, the United Kingdom and the United States.
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Judicial Review : A Practical Guide
Judicial Review: A Practical Guide is a handbook which aims to be a first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings.This new edition has been significantly amended to take account of the following developments in law and practice, including: * Development of the Unified Tribunal system with transfers of judicial reviews * Regionalisation of Administrative Court * Clear development of mistake of fact as a mistake of law * Increasing understanding of the impact of the Human Rights Act * Limitations upon judicial review in the context of immigration * Ongoing case-law developments * Changes to Appeals (CPR Pt 52) * Developments in costs and funding In addition to the authors' commentary, Judicial Review: A Practical Guide contains over 20 precedents covering all aspects of the litigation process, together with all the main legislative and judicial materials.
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What are judicial officers and judicial assistants?
Judicial officers are individuals who hold positions within the judicial system, such as judges, magistrates, or justices. They are responsible for presiding over court proceedings, making legal decisions, and ensuring that the law is upheld. Judicial assistants, on the other hand, are support staff who work closely with judicial officers to help manage their caseloads, prepare legal documents, and assist with administrative tasks. They play a crucial role in the efficient operation of the court system and provide valuable support to judicial officers in their daily responsibilities.
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What is the difference between judicial independence and judicial arbitrariness?
Judicial independence refers to the principle that judges should be free from interference or influence from the other branches of government or external parties, allowing them to make decisions based on the law and facts of the case. On the other hand, judicial arbitrariness occurs when judges make decisions without proper legal reasoning or justification, leading to inconsistent or unpredictable outcomes. Judicial independence is essential for upholding the rule of law and ensuring fair and impartial justice, while judicial arbitrariness undermines the credibility and legitimacy of the judicial system.
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How difficult is it to become a judicial clerk or judicial officer?
Becoming a judicial clerk or judicial officer is a highly competitive and challenging process. To become a judicial clerk, one typically needs to have a strong academic record, excellent writing and research skills, and a demonstrated interest in the law. Competition for these positions can be fierce, as they are highly sought after for the valuable experience and networking opportunities they provide. Similarly, becoming a judicial officer, such as a judge, requires extensive legal experience, a stellar reputation in the legal community, and often political connections. Overall, both paths require dedication, hard work, and a strong commitment to the legal profession.
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What is the difference between a judicial clerk and a judicial specialist?
A judicial clerk is typically a recent law school graduate who assists judges by conducting legal research, drafting opinions, and managing court proceedings. They work closely with judges to help them make informed decisions. On the other hand, a judicial specialist is a court staff member who performs administrative duties such as managing case files, scheduling court hearings, and assisting with court operations. While both roles support the judicial system, clerks focus more on legal analysis and research, while specialists handle administrative tasks.
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Diversity Judgments : Democratizing Judicial Legitimacy
The US Supreme Court's legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory.Criticisms reflect the perspectives of both 'insiders' (straight white males) and 'outsiders' (mainly people of color, women, and the LGBTQ community).Neither perspective digs deep enough to get at the root of the Court's legitimacy problem, which is one of process.The Court's process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented.The current process marginalizes many Americans who have a right to feel disenfranchised.Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.
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Judicial Politics in Polarized Times
When the Supreme Court upheld the Affordable Care Act, some saw the decision as a textbook example of neutral judicial decision making, noting that a Republican Chief Justice joined the Court's Democratic appointees to uphold most provisions of the ACA.Others characterized the decision as the latest example of partisan justice and cited the actions of a bloc of the Court's Republican appointees, who voted to strike down the statute in its entirety.Still others argued that the ACA's fate ultimately hinged on the outcome of the 2012 election.These interpretations reflect larger stories about judicial politics that have emerged in polarized America.Are judges neutral legal umpires, unaccountable partisan activists, or political actors whose decisions conform to-rather than challenge-the democratic will?Thomas M. Keck argues that, despite judges' claims, legal decisions are not the politically neutral products of disembodied legal texts.But neither are judges "tyrants in robes," undermining democratic values by imposing their own preferences.Just as often, judges and the public seem to be pushing in the same direction. As for the argument that the courts are powerless institutions, Keck shows that their decisions have profound political effects. And, while advocates on both the left and right engage constantly in litigation to achieve their ends, neither side has consistently won.Ultimately, Keck argues, judges respond not simply as umpires, activists, or political actors, but in light of distinctive judicial values and practices.
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Maritime Delimitation as a Judicial Process
Maritime Delimitation as a Judicial Process is the first comprehensive analysis of judicial decisions, state practice and academic opinions on maritime boundary delimitation.For ease of reading and clarity, it follows this three-stage approach in its structure.Massimo Lando analyses the interaction between international tribunals and states in the development of the delimitation process, in order to explain rationally how a judicially-created approach to delimit maritime boundaries has been accepted by states.Pursuing a practical approach, this book identifies disputed points in maritime delimitation and proposes solutions which could be applied in future judicial disputes.In addition, the book engages with the underlying theories of maritime delimitation, including the relationship between delimitation and delineation, the effect of third states' rights on delimitation, and the manner in which each stage of the process influences the other stages.
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The Constitutional Foundations of Judicial Review
Recent years have witnessed a vibrant debate concerning the constitutional basis of judicial review,which reflects a broader discourse about the role of the courts, and their relationship with the other institutions of government, within the constitutional order.This book comprehensively analyses the foundations of judicial review.It subjects the traditional justification, based on the doctrine of ultra vires, to criticial scrutiny and fundamental reformulation, and it addresses the theoretical challenges posed by the impact of the Human Rights Act 1998 on administrative law and by the extension of judicial review to prerogative and non-statutory powers.It also explores the relationship between the theoretical basis of administrative law and its practical capacity to safeguard individuals against maladministration.The book seeks to develop a constitutional rationale for judicial review which founds its legitimacy in core principles such as the rule of law, the separation of powers and the sovereignty of Parliament.It presents a detailed analysis of the interface between constitutional and administrative law, and will be of interest to all public lawyers.
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What is the difference between a judicial officer and a senior judicial officer?
A judicial officer is typically a lower-ranking official within the judicial system, such as a magistrate or a judge at the entry level. On the other hand, a senior judicial officer is a higher-ranking official with more experience and authority, often holding a supervisory role over other judicial officers. Senior judicial officers may have the power to make more significant decisions, handle complex cases, and provide guidance to junior officers. In summary, the main difference lies in the level of experience, authority, and responsibilities within the judicial hierarchy.
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What is the difference between a judicial bailiff and a senior judicial bailiff?
A judicial bailiff is a court officer responsible for maintaining order and security in the courtroom, serving legal documents, and executing court orders. A senior judicial bailiff, on the other hand, is a higher-ranking court officer with more experience and responsibilities. They may oversee a team of bailiffs, manage the security and operations of the courtroom, and assist judges with administrative tasks. Additionally, senior judicial bailiffs may have more authority in executing court orders and managing court proceedings.
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What is the difference between a judicial constable and a senior judicial constable?
A judicial constable is an entry-level position within the court system responsible for maintaining order and security in courtrooms, serving legal documents, and providing assistance to judges and other court personnel. On the other hand, a senior judicial constable is a more experienced and higher-ranking position within the court system. They may have additional responsibilities such as supervising and training junior constables, overseeing security operations, and handling more complex legal matters. Additionally, senior judicial constables may have a higher level of authority and decision-making power within the court environment.
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Is spanking a judicial punishment?
No, spanking is not a judicial punishment. Judicial punishments are those that are imposed by a court of law as a result of a criminal conviction. Spanking, on the other hand, is a form of physical discipline administered by a parent or guardian to a child. While spanking may be legal in some jurisdictions, it is not considered a judicial punishment as it is not imposed by a court of law.
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