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Open Justice
It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. This is regarded as particularly important in criminal cases, where the accused is traditionally viewed as possessing the right to a public trial. The rise of the modern media, especially television, has created the possibility of a global audience for high profile cases. Increasingly, however, it is seen that the open conduct of legal proceedings is prejudicial to important values such as the privacy of parties, rehabilitative considerations, national security, commercial secrecy, and the need to safeguard witnesses and jurors from intimidation. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination, in the context of English law, of the values served by open justice and the tensions that exist between it and other important interests.
The Trial in History: Domestic and international trials, 1700-2000
This book is about trials, civil and criminal, ecclesiastical and secular, in England and Europe between the 13th and the 17th centuries. It provides a rounded view of trials conducted according to different procedures within contrasting legal systems, including English common law and Roman canon law. It considers the judges and juries and the amateur and professional advisers involved in legal processes as well as the offenders brought before the courts, with the reasons for prosecuting them and the defenses they put forward.
The Sovereignty of Law
An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.
AN APPRAISAL OF THE JUDICIAL SYSTEM IN INDIA: A CRITICAL STUDY ON JUDICIAL INDEPENDENCE VIS-À-VIS JUDICIAL ACCOUNTABILITY
We, the people of India, have adopted a written Constitution which has created an independent judiciary having the power of judicial review. While exercising this power, the judiciary not only acts as a guardian of the Constitution and its values, but also protects us from illegality, arbitrariness, malafides and corruption of other organs of the State. Therefore, in order to perform these functions the judiciary in India, since the adoption of the Constitution has been enjoying the highest degree of independence and has been held least accountable. This system has been adopted in the Constitution with the objective to achieve the concept of Justice as enshrined in the Preamble. It is pertinent to note that initially the judiciary had responded appropriately to achieve this object but, in due course of time, the Indian Judiciary under the guise of judicial activism, has shifted its focus in addition to delivering Justice, to governing the nation and its policies.
The Law of the Common Market
Anthology of lectures on the law of the EC - covers the institutional framework, administrative law, the impact of community law upon the law of the UK, monopolys, competition, value added consumption tax, labour mobility, problems of private international law, etc. References.
Amending America's Unwritten Constitution
It is well known that the US Constitution has been amended twenty-seven times since its creation in 1787, but that number does not reflect the true extent of constitutional change in America. Although the Constitution is globally recognized as a written text, it consists also of unwritten rules and principles that are just as important, such as precedents, customs, traditions, norms, presuppositions, and more. These, too, have been amended, but how does that process work? In this book, leading scholars of law, history, philosophy, and political science consider the many theoretical, conceptual, and practical dimensions of what it means to amend America's 'unwritten Constitution': how to change the rules, who may legitimately do it, why leaders may find it politically expedient to enact written instead of unwritten amendments, and whether anything is lost by changing the constitution without a codified constitutional amendment.
McNae's Essential Law for Journalists
The definitive media law guide for journalists and students alike. The only media law text endorsed by the NCTJ, McNae's offers unrivalled practical guidance on a wide range of reporting situations - an invaluable tool throughout your journalism career.
Controversies in the Common Law
Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.
UK, EU and Global Administrative Law
A detailed analysis of the foundations and challenges of UK, EU and global administrative law.
Public Law Concentrate
Accurate and accessible, Concentrate guides enable you to take exams with confidence. Including revision tips and advice for extra marks, alongside a thorough and focussed breakdown of the key topics and cases, this guide will help you to get the most out of your revision and to maximise your performance in exams.
