Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas. Specializing the Courts prov
Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas, and the degree of specializati
Since the first edition in 1982, this book has become the standard work on the subject. Now fully revised and updated, it provides a succinct guide to, and analysis of, Australian courts and tribunals
The federal courts are the world's most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and p
Go ahead and try to make a federal case of it. That may seem to be your right, but as Larry Yackle reveals in Reclaiming the Federal Courts, the guardians of that right don't see it that way. A system
In recent years the American public has witnessed several hard-fought battles over nominees to the U.S. Supreme Court. In these heated confirmation fights, candidates' legal and political philosophies
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Public Reason and Courts is an interdisciplinary study of public reason and courts with contributions from leading scholars in legal theory, political philosophy and political science. The book's chapters demonstrate the breadth of ways in which public reason and public justification is currently seen as relevant for adjudicative reasoning and review practices, and includes critical assessments of different ways that the idea of public reason has been applied to courts. It shows that public reason is not just an abstract theoretical concept used by political philosophers, but an idea that spurs new perspectives and normative frameworks also for legal scholars and judges. In particular, the book demonstrates the potential, and the limitations, of the idea of public reason as a source of legitimacy for courts, in a context where many courts face political backlashes and crisis of trust.
The phenomenon of judicialisation in the field of freedom of religion is long recognised. But, to date, little has been written on how advocacy and strategic litigation has actively changed the field. This important books does just that. It shows how Jehovah’s Witnesses, Muslims, Sikhs, Evangelicals, Christian conservatives and Russian Orthodox actors have negotiated the right to freedom of religion at the ECtHR over the past 30 years. Drawing on in-depth interviews and case law analysis, and media representation, it is a powerful study of the impact of legal mobilisation on international and transnational law.
This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the m
The Courts of Genocide focuses on the judicial response to the genocide in Rwanda in order to address the search for justice following mass atrocities. The central concern of the book is how the polit
The specialist Aboriginal Court is one of the most important and controversial measures introduced in recent decades to address the disadvantage and particular needs of Aboriginal people in the crimin
Written from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with resp
Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision
