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How to Measure the Quality of Judicial Reasoning
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account fo...
How to Heasure the Quality of Judicial Reasoning
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account fo...
Judicial Self-Governance in the New Millennium
This book is a comparative study of judge-managed court systems across Australia, Europe and North America. This book makes an original contribution to the literature of court administration by providing a framework for examining court-service models of judicial councils, the policymaking bodies of courts and tribunals. This book promises to assist court administration scholars, judicial leaders, and policymakers in devising more effective organizational solutions to the contemporary challenges of judicial self-governance. The author Dr. Tim Bunjevac offers a nuanced elaboration of judicial accountability in court administration and a model institutional framework of court governance, compar...
Perils of Judicial Self-Government in Transitional Societies
This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
The Judicial Process
In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
The Judicial Function
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the ...
Legitimacy of Unseen Actors in International Adjudication
Investigates the legitimacy of 'unseen actors' (e.g. registries, experts) through an enquiry into international courts' and tribunals' composition and practice.
The Circulation of Agency in E-Justice
This book contributes to an understanding of the dynamic complexities involved in the design of e-justice applications that enable online trans-border judicial proceedings in Europe. It provides answers to critical questions with practical relevance: How should online trans-border judicial proceedings be designed in order to deliver effective and timely justice to European citizens, businesses and public agencies? How can the circulation of judicial agency across Europe be facilitated? Based on extensive research, the book explores and assesses the complex entanglements between law and technology, and between national and European jurisdictions that emerge when developing even relatively sim...
The Development of the Law of the Sea by UNCLOS Dispute Settlement Bodies
This is the first study to provide both a systematic assessment of the ways by which the dispute settlement bodies of the United Convention on the Law of the Sea (UNCLOS) contribute to the development of the law of the sea and an exposition of the factors that explain such contribution. The book analyses UNCLOS dispute settlement bodies' decisions and the legal reasoning in key areas of the law of the sea. It further examines the factors that impact the decision-making process of UNCLOS tribunals to explain the parameters within which UNCLOS tribunals operate and how this impacts their ability and willingness to develop the law. The book provides a unique reference point for lecturers, researchers and students of international law, particularly law of the sea, as well as practitioners and government advisors who wish to gain comprehensive insights into the functioning and the role of the UNCLOS dispute settlement system.
Film and Constitutional Controversy
Constructs an original dialogue between constitutional law, film, and identity by using Hong Kong as a case study.
