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Author: Peter H. Russell Publisher: University of Toronto Press ISBN: 0802093817 Category : Political Science Languages : en Pages : 489
Book Description
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Author: Peter H. Russell Publisher: University of Toronto Press ISBN: 0802093817 Category : Political Science Languages : en Pages : 489
Book Description
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Author: Arghya Sengupta Publisher: ISBN: 9780199096992 Category : Electronic books Languages : en Pages :
Book Description
In Supreme Court Advocates-on-Record Association v. Union of India, the Supreme Court of India, by majority, struck down the National Judicial Appointments Commission (NJAC), established to appoint judges to the Supreme Court of India and High Courts. Unsurprisingly, the NJAC judgment has been the subject of a deeply polarized debate in the public sphere and academia. The essays in this volume analyse the NJAC judgment, and provide a rich context to it, in terms of philosophical, comparative, and constitutional issues that underpin it. The work traces the history of judicial appointments in India; analyses constitutional principles behind selecting judges and their application in the NJAC Case; and comparatively examines the judicial appointments process in six foreign jurisdictions, enquiring into what makes a good judge and an effective appointments process.
Author: United States. Administrative Office of the United States Courts. Magistrate Judges Division Publisher: ISBN: Category : Government publications Languages : en Pages : 80
Author: Lee Epstein Publisher: Oxford University Press ISBN: 0195345835 Category : Political Science Languages : en Pages : 193
Book Description
From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
Author: Graham Gee Publisher: Routledge ISBN: 1315400049 Category : Law Languages : en Pages : 404
Book Description
What should be the primary goals of a judicial appointments system, and how much weight should be placed on diversity in particular? Why is achieving a diverse judiciary across the UK taking so long? Is it time for positive action? What role should the current judiciary play in the appointment of our future judges? There is broad agreement within the UK and other common law countries that diversity raises important questions for a legal system and its officials, but much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime. Opinions differ, for example, on the methods, forms, timing and motivations for judicial diversity. To mark the tenth anniversary of the creation of the Judicial Appointments Commission (JAC) in England and Wales, this collection includes contributions from current and retired judges, civil servants, practitioners, current and former commissioners on the JAC and leading academics from Australia, Canada, South Africa and across the UK. Together they provide timely and authoritative insights into past, current and future debates on the search for diversity in judicial appointments. Topics discussed include the role and responsibility of independent appointment bodies; assessments of the JAC’s first ten years; appointments to the UK Supreme Court; the pace of change; definitions of ‘merit’ and ‘diversity’; mandatory retirement ages; the use of ceiling quotas; and the appropriate role of judges and politicians in the appointments process.
Author: Christopher L. Eisgruber Publisher: Princeton University Press ISBN: 0691143528 Category : Law Languages : en Pages : 255
Book Description
He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates."
Author: Sheldon Goldman Publisher: Yale University Press ISBN: 9780300080735 Category : Law Languages : en Pages : 452
Book Description
How does a president choose the judges he appoints to the lower federal bench? In this analysis, a leading authority on lower federal court judicial selection tells the story of how nine presidents over a period of 56 years have chosen federal judges.
Author: Jan Crawford Greenburg Publisher: Penguin ISBN: 9781594201011 Category : Political Science Languages : en Pages : 378
Book Description
Discusses recent ideological shifts within the Supreme Court, profiles controversial judges, and analyzes the changing role of judicial power in American government.
Author: Peter H. Russell
Author: Peter H. Russell
Author: Arghya Sengupta
Author: United States. Administrative Office of the United States Courts. Magistrate Judges Division
Author: David J. Danelski
Author: Lee Epstein
Author: American Bar Association
Author: Graham Gee
Author: Christopher L. Eisgruber
Author: Sheldon Goldman
Author: Jan Crawford Greenburg