Law And Judicial Duty

Author: Philip HAMBURGER
Publisher: Harvard University Press
ISBN: 0674038193
Size: 67.18 MB
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The book is essential reading for anyone concerned about the proper role of the judiciary.

Prescriptive Legal Positivism

Author: Tom Campbell
Publisher: Psychology Press
ISBN: 9781844720231
Size: 76.90 MB
Format: PDF, Mobi
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It is, or should be, primarily about fidelity to law. However, law-abidingness in
judicial method is not the standard fare of judicial ethics codes and handbooks,
which tend to concentrate on pointing out that judicial officers should not publicly
support political causes, just as they should not frequent hotel bars, or fall asleep
on the bench. These matters are of some importance, but this is largely because
they relate to more fundamental judicial matters, in particular, to the judicial duty
to 'do ...

The Will Of The People

Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
ISBN: 9781429989954
Size: 71.43 MB
Format: PDF, Docs
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3. “Another 5–4 Conservative Decision,” N.Y. Daily News, June 2, 1936, quoted
in Marian C. McKenna, Franklin Roosevelt and the Great Constitutional War (
2002), 214. 4. “Court Plan Backed by Clothing Union,” N.Y. Times, Feb. 20, 1937,
at 4. 5. The events summarized here are described in Chapter 1, infra. For an
outstanding discussion of the precursors of judicial review, see Philip Hamburger
, Law and Judicial Duty (2008); Philip Hamburger, “Law and Judicial Duty,” Geo.
Wash.

The Rule Of Law

Author: Ian Shapiro
Publisher: NYU Press
ISBN: 9780814780244
Size: 16.87 MB
Format: PDF, ePub, Docs
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The legal reasons alternative is a different story. It understands the judicial duty to
uphold the law to require judges to act on reasons provided by the law, and not
on other reasons, even when exercising discretion. The legal reasons alternative
fits easily within a conception of the law as a provider of legal reasons. It
consequently fits easily within a conception of the rule of law that understands the
law in this way. In principle, judicial discretion can be reconciled with the rule of
law ...

Tea Party Patriots

Author: Mark Meckler
Publisher: Henry Holt and Company
ISBN: 142994269X
Size: 22.42 MB
Format: PDF, Kindle
View: 7113
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dition of judicial integrity that had developed in Great Britain over the course of
many centuries. That tradition placed a heavy emphasis on the judicial duty to
follow the law in every case, even when the judge considered the law unjust or ill
-advised. British and American courts celebrated and vigorously defended a
judicial ideal that required judges to apply the law, and only the law, in every
judicial decision. Judges recognized that this is a lot harder than it may seem. It is
not always ...

Legal Foundations Of Tribunals In Nineteenth Century England

Author: Chantal Stebbings
Publisher: Cambridge University Press
ISBN: 9780521107518
Size: 69.66 MB
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administrative duties that had to be discharged with a 'judicial mind', namely 'a
mind to determine what is fair and just in respect of the matters under
consideration'.129 The latter meaning was much wider in scope than the order of
an inferior court, and it was adopted for the purposes of certiorari. 'In short',
observed Fletcher Moulton L] in 1906, 'there must be the exercise of some right or
duty to decide in order to provide scope for a writ of certiorari at Common Law.'
130 If a tribunal had ...

Deference In International Courts And Tribunals

Author: Lukasz Gruszczynski
Publisher: OUP Oxford
ISBN: 0191026506
Size: 41.58 MB
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10Cf Philip Hamburger, Law and Judicial Duty (Cambridge, MA: Harvard
University Press, 2008). The historical division between common law courts and
equity courts in England (where the Court of Chancery provided additional
remedies in certain situations if the common law courts failed to do so) illustrates
the longstanding claim by theories of justice (eg Aristotle, Nicomachean Ethics (
Indianapolis: Hackett Publishing, 1999), at 1137b– 1138a) that equitable
interpretation and ...

The Planning Theory Of Law

Author: Damiano Canale
Publisher: Springer Science & Business Media
ISBN: 9400745931
Size: 24.83 MB
Format: PDF
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My task is not a simple one since Shapiro's puzzle is intimately related with
several complex problems that, in legal philosophy, are both central and very
controversial. Whatever solution to the puzzle we come up with, it must be
compatible with a theory dealing with problematic issues such as the
methodology of legal theory, the logical status of normative statements, the
judicial duty to apply the law and the relation between moral and legal duties.
Shapiro's book has the merit of ...