judicial decision making in a globalised world a comparative analysis of the changing practices of western highest courts hart studies in comparative public law

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Judicial Decision Making In A Globalised World

Author : Elaine Mak
ISBN : 9781782253648
Genre : Law
File Size : 65. 81 MB
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Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

Human Rights In The Uk And The Influence Of Foreign Jurisprudence

Author : Hélène Tyrrell
ISBN : 9781509904969
Genre : Law
File Size : 57. 42 MB
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Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.

Legitimate Expectations In The Common Law World

Author : Matthew Groves
ISBN : 9781509909490
Genre : Law
File Size : 83. 60 MB
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The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Although the substantive form of legitimate expectation adopted in Coughlan was quickly accepted by English courts and received a generally favourable response from public law scholars, the doctrine of that case has largely been rejected in other common law jurisdictions. The central principles of Coughlan have been rejected by courts in common law jurisdictions outside the UK for a range of reasons, such as incompatibility with local constitutional doctrine, or because they mark an undesirable drift towards merits review. The sceptical and critical reception to Coughlan outside England is a striking contrast to the reception the case received within the UK. This book provides a detailed scholarly analysis of these issues and considers the doctrine of legitimate expectations both in England and elsewhere in the common law world.

Administrative Law And Judicial Deference

Author : Matthew Lewans
ISBN : 9781782253358
Genre : Law
File Size : 69. 67 MB
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In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world. This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions ? the United Kingdom, the United States of America and Canada ? over the past 100 years. This comparison demonstrates that the idea of judicial deference is a valuable feature of modern administrative law, because it gives lawyers and judges practical guidance on how to negotiate the constitutional tension between the democratic legitimacy of the administrative state and the judicial role in maintaining the rule of law.

Comparative Legal Systems

Author : Vincenzo Zeno-Zencovich
ISBN : 9788894885255
Genre :
File Size : 62. 91 MB
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The T Shaped Lawyer And Beyond

Author : Elaine Mak
ISBN : 9462367981
Genre : Law
File Size : 72. 55 MB
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What role, skills, and ethics should legal professionals have in order to contribute meaningfully to the challenges of contemporary societies? How should universities prepare students for their future roles as lawyers, judges, or legal scholars? In her inaugural lecture, Elaine Mak discusses the origin and the emergence of the T-shaped lawyer perspective, which has become a prominent topic of debate in law schools and legal practice. She demonstrates how organisational demands for public management reform and a societal demand for digitalisation and globalisation have prompted an emphasis on technological awareness, interdisciplinary skills, and social responsiveness of legal professionals. Based on a critical analysis, Mak argues that contemporary legal education should encompass three main elements: differentiation to allow for generalists, specialists, and interdisciplinary legal professionals; education to develop a critical view on the legal professional's role; and training aimed at handling professional ethical dilemmas. The T-shaped Lawyer and Beyond will be essential reading for legal professionals, students, and university teachers and managers. This lecture will also appeal to a broader audience interested in developments regarding professionalism and higher education. [Subject: Public International Law]

The Wrong Hands

Author : Ann Larabee
ISBN : 9780190201173
Genre : Political Science
File Size : 46. 67 MB
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"A fascinating, timely, and often disturbing history of how underground do-it-yourself weapons manuals have influenced violent radicalism, and how the state has responded"--

The Protection Of Legitimate Expectations In Administrative Law

Author : Anneken Kari Sperr
ISBN : 184946541X
Genre : Law
File Size : 20. 63 MB
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The protection of legitimate expectations appears to be a key concept of administrative law in Europe; it defines the legal position of the individual vis-à-vis the public authorities and is, thus, a gateway for constitutional considerations in administrative law.The book presents the results of a comparative research project dealing with the question if, to what extent, and in which ways the legitimate expectations of private parties are considered in procedures leading to a primary administrative decision and, where available, in subsequent review procedures before administrative, judicial or quasi-judicial bodies. Furthermore, the project examines if, and to what extent, European and national legal orders, as well as international legal regimes, guarantee compensation in cases where provisions concerning the protection of legitimate expectations have been disregarded.The contributions to the book, including surveys of the theoretical and philosophical background, country reports and comparative analyses, are written by scholars from 16 European countries, giving an insight into the various legal systems, their understanding of, and their methods of interpreting and applying, administrative law.

Comparative Law And Economics

Author : Ugo Mattei
ISBN : 0472066498
Genre : Business & Economics
File Size : 78. 76 MB
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The book links the study of comparative law with the study of law and economics

Law And Method

Author : Bart van Klink
ISBN : 3161506766
Genre : Law
File Size : 76. 82 MB
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This book gives an overview of the most relevant disciplines for interdisciplinary research on law. What are the characteristics of these disciplines one really needs to understand in order to do research that combines law with them? The book consists of three parts. The first part addresses general questions about legal scholarship and interdisciplinary research. These are questions of the aims and character of academic research and what it means to regard issues from different disciplinary perspectives. Furthermore, the particular character of the discipline of law and its methods are discussed. The second part consists of chapters exploring the relationship between law and other disciplines. Each chapter addresses questions of the characteristic methods of that discipline, its relevance to law and the problems to be tackled. The disciplines are classified in broadly three categories: empirical social science (sociology, economics, psychology), humanities (history, political theory, ethics, philosophy), and language-oriented disciplines (rhetoric, law and literature, argumentation theory). The third part contains examples of interdisciplinary research in practice: How is it done, what kinds of problems arise when doing such research, and what insights into law does it provide?The intended audience consists of law students who participate in research master programs or PhD students who are confronted with methodological questions about law in relation to other disciplines. The book will also be of interest to other legal researchers who are looking for an accessible introduction to the main fields of interdisciplinary research.

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