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Due Process of Law
Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general.
The Due Process of Law
Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure" - that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.
General Principles of Law and International Due Process
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource fo...
The Due Process of Law
Two central themes run through this book. The first is the workings of the various 'measures authorised by the law so as to keep the streams of justice pure', and the second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife.
Due Process of Law
Product Details: Format: Hardcover/eBook Pages: 302 pages Publisher: Eastern Book Company Language: english ISBN: 9789350286753 Dimensions: 24.3 CM X 3 CM X 16 CM Shipping Weight: 0.58 Publisher Code: AB/675 EBC Reader Version: The above eBook is available only on the EBC Reader App, download the free application on the Apple iPad. Click above for more details. Table Of Contents: Table of Cases Introduction 1. Introduction 2. Meaning of Substantive Due Process 3. Due Process of Law and the Constituent Assembly of India 4. The Early Year 5. The Birth of Procedural Due Process 6. Substantive Due Process 7. Conclusion Subject Index
Constructing Basic Liberties
A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as i...
Legal Architecture
Legal Architecture addresses how the environment in which the trial takes place can be seen as a physical expression of our relationship with ideals of justice; as it approaches the history of courthouse design as a reflection of the troubled history of notions of due process.
Core Concepts in Criminal Law and Criminal Justice
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Due Process and Victims' Rights
A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.
Due Process of Law
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