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This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.​
In Independence on Trial, Frederick W. Marks III focuses on the impact of foreign affairs and trade, arguing that they had an overwhelming influence in shaping constitutional reform for the founding fathers. He argues that problems relating to the conducting of foreign affairs far outweighed any other issues facing the Confederation and that the Federalist's desire for a more advantageous position in the world was their overriding concern which gave rise to the Constitution.
This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.
Examines the causes of the post-independence turmoil, and analyses social and political dynamics at work throughout Central Asia.
With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings—of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence. As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.
The Declaration of Independence as you've never seen it before Some of us cherish it with near-scriptural reverence. Others simply take it for granted. In this contentious new look at the Declaration of Independence, however, celebrated attorney Alan Dershowitz takes "America's birth certificate" and its principal author, Thomas Jefferson, to task. Dershowitz searches for the sources, history, and underlying reasoning that produced the Declaration and its particular language, from its reference to the "Laws of Nature and Nature's God" through the long list of complaints against the abuses of King George III. He points out contradictions within the document, notes how the meanings of Jefferson's words have changed over the centuries, and asks many disturbing questions, including: Where do rights come from? Do we have "unalienable rights"? Do rights to "life, liberty, and the pursuit of happiness" have any meaning? How could slaveowners claim to believe that "all men are created equal"? Is the God of the Declaration the God of the Bible? Does the Declaration establish a Christian State? Are there "Laws of Nature and of Nature's God"? Challenging, upsetting, and controversial, this brilliant polemic may anger you, delight you, or force you to reexamine your opinions. One thing's for sure: after reading America Declares Independence, you'll never take the Declaration of Independence for granted again.
The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent c
The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.
Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.