The Role of the Judiciary in a State Governed by the Rule of Law

The Role of the Judiciary in a State Governed by the Rule of Law
Title The Role of the Judiciary in a State Governed by the Rule of Law PDF eBook
Author Council of Europe
Publisher Manhattan Publishing Company
Pages 136
Release 1996
Genre Law
ISBN

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Ministers present, the programme and the list of participants.

Understanding the Rule of Law

Understanding the Rule of Law
Title Understanding the Rule of Law PDF eBook
Author Geert Corstens
Publisher Bloomsbury Publishing
Pages 153
Release 2017-08-10
Genre Law
ISBN 150990364X

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The 'rule of law' is increasingly regarded as integral to liberal democracy, and its significance is frequently discussed by lawyers, academics, politicians and the media. But the meaning of the phrase is not always clear. What does 'the rule of law' mean exactly? And why is it so important to the democratic state and, above all, its citizens? In Understanding the Rule of Law, former president of the Dutch Supreme Court Geert Corstens paints a lively and accessible portrait of the rule of law in practice. The focus is on the role of the courts, where the tensions in a democratic state governed by the rule of law are often discussed and resolved. Using landmark judgments, Geert Corstens explains what judges do and why their work is valuable. What do minimum sentences and prisoners' voting rights have to do with each other? Why is there no easy answer to the question of whether a paedophile organisation should be banned? Why is it no joke when the Italian politician Silvio Berlusconi calls the judiciary 'the cancer of democracy'? Understanding the Rule of Law provides the answers to these and many other questions, and is essential reading for anyone interested in the state of democracy today.

The Role of the Judiciary in a State Governed by the Rule of the Law

The Role of the Judiciary in a State Governed by the Rule of the Law
Title The Role of the Judiciary in a State Governed by the Rule of the Law PDF eBook
Author
Publisher
Pages 11
Release 1995
Genre Judges
ISBN

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The Role of the Judiciary in a State Governed by the Rule of Law

The Role of the Judiciary in a State Governed by the Rule of Law
Title The Role of the Judiciary in a State Governed by the Rule of Law PDF eBook
Author Council of Europe. Round Table of the Ministers of Justice from countries of Central and Eastern Europe
Publisher
Pages 124
Release
Genre Comparative law
ISBN

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Model Code of Judicial Conduct

Model Code of Judicial Conduct
Title Model Code of Judicial Conduct PDF eBook
Author American Bar Association
Publisher American Bar Association
Pages 212
Release 2007
Genre Law
ISBN 9781590318393

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Code of Judicial Conduct for United States Judges

Code of Judicial Conduct for United States Judges
Title Code of Judicial Conduct for United States Judges PDF eBook
Author American Bar Association
Publisher
Pages 424
Release 1974
Genre Judges
ISBN

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How Judges Think

How Judges Think
Title How Judges Think PDF eBook
Author Richard A. Posner
Publisher Harvard University Press
Pages 399
Release 2010-05-01
Genre Law
ISBN 0674033833

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A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.