Precedent in the Indian Legal System PDF Download

Author: A. Lakshminath
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 240

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Author: A. Lakshminath
Publisher:
ISBN: 9788170121800
Category : Stare decisis
Languages : en
Pages : 336

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Author: Tania Groppi
Publisher: Bloomsbury Publishing
ISBN: 1782251014
Category : Law
Languages : en
Pages : 336

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Book Description
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.

Author: Thomas G. Hansford
Publisher: Princeton University Press
ISBN: 0691188041
Category : Law
Languages : en
Pages : 170

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The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

Author: Charles Henry Alexandrowicz
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 272

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Author: Laurence Goldstein
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 304

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It has been said that precedent is the life blood of legal systems. Certainly, an understanding of precedent is vital to an understanding of the workings of law. The principle that decisions should follow those of past similar cases seems simple enough, yet it turns out to be beset with difficulties. What is the justification for following precedents? Do we want absolute, unswerving following of past decisions or a weaker implementation that allows for limited departures? What social and theoretical forces wrought changes in the doctrine? Are judicial pronouncements on precedent rules or just conventions? How do we identify the ratio decidendi of a case? What are the means by which a general "projectable" conclusion may be elicited from a particular judgment? These are some of the problems addressed by contributors to this volume.

Author: Felix S. Cohen
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 700

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Author: Marc Jacob
Publisher: Cambridge University Press
ISBN: 1107045495
Category : Law
Languages : en
Pages : 357

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Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Author: Randy J. Kozel
Publisher: Cambridge University Press
ISBN: 110712753X
Category : Law
Languages : en
Pages : 191

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Book Description
This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Author: Tillie Olsen
Publisher: U of Nebraska Press
ISBN: 9780803286214
Category : Fiction
Languages : en
Pages : 220

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Yonnondio follows the heartbreaking path of the Holbrook family in the late 1920s and the Great Depression as they move from the coal mines of Wyoming to a tenant farm in western Nebraska, ending up finally on the kill floors of the slaughterhouses and in the wretched neighborhoods of the poor in Omaha, Nebraska. Mazie, the oldest daughter in the growing family of Jim and Anna Holbrook, tells the story of the family's desire for a better life – Anna's dream that her children be educated and Jim's wish for a life lived out in the open, away from the darkness and danger of the mines. At every turn in their journey, however, their dreams are frustrated, and the family is jeopardized by cruel and indifferent systems.