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An in-depth study, originally published in 2006, of the careers and roles of judges in France, Germany, Spain, Sweden and England, this book is based on original language materials and investigations of judges and judicial institutions in each country. On the basis of these detailed case studies, the book suggests factors that shape the character of the judiciary in different countries, focusing on issues such as women's careers and the relationship between judicial careers and politics. Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication.
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Constitutional courts --- Constitutional law --- Courts --- Jurisdiction --- European law --- Judiciary --- Dispute resolution (Law) --- Judicial districts --- Law --- Procedure (Law) --- Judicial power --- Justice, Administration of --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Law and legislation --- Courts - European Union countries --- Constitutional courts - European Union countries --- Jurisdiction - European Union countries --- Constitutional law - European Union countries
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In this 2006 book, Adriaan Lanni draws on contemporary legal thinking to present a model of the legal system of classical Athens. She analyses the Athenians' preference in most cases for ad hoc, discretionary decision-making, as opposed to what moderns would call the rule of law. Lanni argues that the Athenians consciously employed different approaches to legal decision-making in different types of courts. The varied approaches to legal process stems from a deep tension in Athenian practice and thinking, between the demand for flexibility of legal interpretation consistent with the exercise of democratic power by ordinary Athenian jurors; and the demand for consistency and predictability in legal interpretation expected by litigants and necessary to permit citizens to conform their conduct to the law. Lanni presents classical Athens as a case study of a successful legal system that, by modern standards, had an extraordinarily individualised and discretionary approach to justice.
Justice, Administration of (Greek law) --- Courts --- Judicial process --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Law --- Procedure (Law) --- Judiciary --- Dispute resolution (Law) --- Judicial districts --- Judicial power --- Jurisdiction --- Justice, Administration of --- Law, Greek --- History. --- Psychological aspects --- Interpretation and construction --- Law and legislation --- Constitutional history. --- Democracy. --- Law, Greek. --- Rule of law. --- Constitutional history --- Rule of law (Greek law) --- Democracy --- Law - Non-U.S. --- Law, Politics & Government --- Law - Africa, Asia, Pacific & Antarctica --- Greek law --- Law, Ancient --- Self-government --- Political science --- Equality --- Representative government and representation --- Republics --- Constitutional history, Modern --- Constitutional law --- Constitutions --- History --- Justice, Administration of (Greek law). --- Rule of law (Greek law). --- Arts and Humanities
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Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Courts --- Judge-made law --- Judicial power --- Judges --- Judicial power. --- Law --- Judicial process. --- Judges. --- Judiciary --- Dispute resolution (Law) --- Judicial districts --- Procedure (Law) --- Jurisdiction --- Justice, Administration of --- Case law --- Judicial law --- Judicial legislation --- Law, Judge-made --- Common law --- Judicial process --- Lacunae in law --- Legislation --- Legislative power --- Justiciability --- Power, Judicial --- Constitutional law --- Implied powers (Constitutional law) --- Judicial independence --- Separation of powers --- Alcaldes --- Cadis --- Chief justices --- Chief magistrates --- Justices --- Magistrates --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Legal certainty --- Interpretation and construction. --- Law and legislation --- Interpretation and construction --- Legal status, laws, etc. --- Officials and employees --- Psychological aspects --- Construction --- Israel. --- בית המשפט העליון --- בית־המשפט העליון בישראל --- ישראל.
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Justice, Administration of (Islamic law) --- Islamic law --- Courts --- Muslims --- Almoravides --- History --- Histor. --- Andalusia (Spain) --- Spain --- Politics and government --- Civilization --- Islamic influences --- Mohammedans --- Moors (People) --- Moslems --- Muhammadans --- Musalmans --- Mussalmans --- Mussulmans --- Mussulmen --- Religious adherents --- Islam --- Civil law (Islamic law) --- Law, Arab --- Law, Islamic --- Law in the Qurʼan --- Sharia (Islamic law) --- Shariʻah (Islamic law) --- Law, Oriental --- Law, Semitic --- Judiciary --- Dispute resolution (Law) --- Judicial districts --- Law --- Procedure (Law) --- Judicial power --- Jurisdiction --- Justice, Administration of --- Almoravids --- Murābiṭun --- Law and legislation --- Andalucía (Spain) --- Andalousie (Spain) --- Andalusien (Spain) --- Autonomous Community of Andalusia (Spain) --- Communauté autonome d'Andalousie (Spain) --- Comunidad Autónoma de Andalucía (Spain) --- Baetica (Spain) --- Junta de Andalucía (Spain) --- Andalus (Spain) --- Bética --- Al-Andalus --- Islamic influences. --- History. --- Politics and government. --- Justice, Administration of (Islamic law) - Spain - Andalusia - History --- Islamic law - Spain - Andalusia - History --- Courts - Spain - Andalusia - History --- Muslims - Spain - Andalusia - Histor. --- Almoravides - Spain --- Andalusia (Spain) - Politics and government - 711-1516 --- Andalusia (Spain) - History --- Andalusia (Spain) - Civilization - Islamic influences --- Spain - Civilization - 711-1516 --- Justice --- Al-andalus --- Andalousie (espagne) --- Administration (droit islamique) --- Espagne --- Moyen âge --- Civilisation --- Administration
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