%{search_type} search results

• The organization of the court
• Committee goal
• Information processing
• Committee composition
• Committee procedure
• Discretion, judicial independence, and accountability
• Concluding remarks.

This book studies the organizational influences on judicial discretion within Adjudicative Committee (AC) proceedings in China. It argues that institutional reforms and practice have mainly reduced judicial discretion within AC proceedings through the rationalization of organizational processes. This central argument will be of particular interest to the readers, as previous studies offer little insight into the overall impacts of judicial institution reforms. This book is the first that uses the bounded rationality theory developed in economics and related disciplines to formulate an analytic framework for a systematic and comprehensive examination of the impacts of organizational factors on discretion within Adjudicative Committees' decision-making processes. Readers will gain a practical and fresh understanding of the Chinese judicial reforms.
(source: Nielsen Book Data)

• Introductory address / Stig Strömholm
• The nature of judicial discretion and its significance for the administration of justice / Aharon Barak
• Taking the world view of the European judge seriously - some reflections on the role of ideology in adjudication / Ola Wiklung
• The scope for discretion, coherence and citizenship / Joxerramon Bengoetxea
• Methods of interpretation / Thijmen Koopmans
• Discretion and precedent in European law / Alec Stone Sweet and Margaret McCown
• The European Court of Justice and the use of judicial discretion / Ami Barav
• Rewriting Van Gend & Loos: towards a normative theory of ECJ hermeneutics / Joseph H.H. Weiler.

The problem of the law making power of judges and the legitimacy and limits of judicial discretion recur throughout the history of legal thinking. It has been addressed from many angles and seen in many perspectives from Aristotle's "Nicomachean Ethics" to Ronald Dworkin's "Law's Empire". The legitimacy of public power is more and more frequently questioned and doubted. As long as a substantial proportion of the exercise of public power is entrusted to courts and court-like bodies, there is a need for finding clear and comprehensible limits between the realm of judicial and political decision-making. The role of the judiciary in relation to the legislature has naturally become a subject of strong topical interest and is vividly discussed in many quarters and countries. This collection of essays on judicial discretion takes off with a jurisprudential introduction, which deals with different understandings of judicial discretion, its sources and links to the objectives of European Integration. This includes an elaboration of the relationships between conceptual understanding, actual practice and normative boundaries of judicial discretion. The second theme focuses on the actual practice of judicial discretion of European courts and deals with interpretation and justification against the vision of creating a coherent European legal order.
(source: Nielsen Book Data)

• ¿Jueces juzgados? / por José Sánchez-Arcilla Bernal
• O controlo do Poder Judicial em Portugal entre a Idade Média e a Idade Moderna / por José Sánchez-Arcilla Bernal
• El control del gobierno y de la administración de justicia en tierras de Órdenes Militares a través de los juicios de residencia / por Pedro Andrés Porras Arboledas
• O chanceler da Casa da Suplicacâo e o controlo dos actos dos desembargadores (séc. XVI) / por Jorge Veiga Testos
• "Pídanmelo en residencia" : control a los corregidores castellanos / por Pilar Esteves Santamaría
• Control y descontrol ministerial sobre jueces y juzgados de primera instancia (1834-1902) / por Pedro Ortego Gil
• La responsabilidad disciplinaria de los jueces en Galicia según los asientos de los Libros-Registro de la Audiencia de La Coruña : 1868-1900 / por María Teresa Bouzada Gil
• As sindicâncias judiciais em Portugal no século XIX : controlo ou mito / por Isabel Graes
• ¿Cómo se controló a los jueces en el siglo XIX? : cuatro formas de reproches a la luz de los expedientes personales / por Alicia Duñaituriaa Laguarda
• El control y la responsabilidad de los jueces (1923-1931) / por Emilio Javior De Benito Fraile
• El control judicial durante la II República Española : la actuación de la Audiencia Territorial de Madrid como mecanismo de inspección de los tribunales inferiores de justicia / por Susana García León
• ¿Vigilancia, control o farsa? : las tres caras de la Inspección Central de Tribunales / por María Dolores Madrid Cruz
• El control y la responsabilidad de los jueces (1975-2018) / por Ángel Hurtado Adrián.

• English history
• The United States: from the Revolution to the founding
• The United States: nineteenth century
• From 1900 to the 1960s: purposive interpretation
• Giving judges as little to do as possible: the rise of modern textualism
• Giving judges something to do: Republicanism and substantive canons
• Ordinary judging

How do judges determine the meaning of laws? The extent to which judges should exercise their discretion in interpreting legislation has been a contentious issue throughout American history, involving questions about the balance of power between the legislature and the judiciary. In Statutes in Court William D. Popkin provides an indispensable survey of the history of American statutory interpretation and then offers his own theory of "ordinary judging" that defines the proper scope of judicial discretion. Popkin begins by discussing the British origins of statutory interpretation in this country. He then maps the evolving conceptions of the judicial role in the United States from Revolutionary times through the twentieth century before presenting his "ordinary judging" theory-one that asks the judge to use modest judicial discretion to assist the legislature in implementing good government. Claiming that theory cannot account for everything a judge does when determining statutory meaning or writing an opinion, Popkin shows how judges who strive to be conscientious in interpreting the law are often hampered by the lack of both a framework in which to fit their approach and a well-understood common vocabulary to explain what they do. Statutes in Court fills that gap. This work will be valuable to anyone concerned about the judicial role in the interpretation of laws-from judiciary officials and law professors to legal historians and political scientists.
(source: Nielsen Book Data)

How do judges determine the meaning of laws? The extent to which judges should exercise their discretion in interpreting legislation has been a contentious issue throughout American history, involving questions about the balance of power between the legislature and the judiciary. In Statutes in Court William D. Popkin provides an indispensable survey of the history of American statutory interpretation and then offers his own theory of "ordinary judging" that defines the proper scope of judicial discretion. Popkin begins by discussing the British origins of statutory interpretation in this country. He then maps the evolving conceptions of the judicial role in the United States from Revolutionary times through the twentieth century before presenting his "ordinary judging" theory-one that asks the judge to use modest judicial discretion to assist the legislature in implementing good government. Claiming that theory cannot account for everything a judge does when determining statutory meaning or writing an opinion, Popkin shows how judges who strive to be conscientious in interpreting the law are often hampered by the lack of both a framework in which to fit their approach and a well-understood common vocabulary to explain what they do. Statutes in Court fills that gap. This work will be valuable to anyone concerned about the judicial role in the interpretation of laws-from judiciary officials and law professors to legal historians and political scientists.
(source: Nielsen Book Data)

• Introduction / Jacqueline S. Hodgson
• Discretionary justice at the initiation of a criminal investigation / Lorenzo M. Bujosa Vadell
• Prosecutorial discretion in three systems : balancing conflicting goals and providing mechanisms for control / Sara Sun Beale
• Investigative and prosecutorial discretion in criminal matters : the contribution of the Italian experience / Stefano Ruggeri
• The principle of legality, discretionary justice and plea agreements : the practice in Spain / Lorena Bachmeier
• Beyond legitimate grounds : external influences and the discretionary power not to prosecute in the People's Republic of China / Yu Mou
• Critical aspects on the Italian features concerning "negotiated justice" / Daniele Vicoli
• Water always finds its way : discretion and the concept of exclusionary rules in the swiss criminal procedure code / Sabine Gless & Jeannine Martin
• Throw it all out? : judicial discretion in dealing with procedural faults / Thomas Weigend
• Procedural sanctions in the EU framework : toward a harmless error doctrine and practice? / Michele Caianiello
• Death and discretion : the American experiment in capital jurisprudence / Erik Luna.

• Part 1 Property and proprietary remedies: exploring the idea of remedial trusts - from remedy to property - the development of the trust, different uses of the constructive trust, the remedial/institutional dichotomy
• redistribution and property rites - two conceptions of property, property in English legal thought, the influence of these understandings on the law of proprietary remedies, orthodox and redistributive proprietary remedies, reason and ritual in the law of proprietary remedies
• the legacy of legal realism - instrumentalist approaches to property - property in American legal thought, instrumentalism in proprietary remedies in US law, instrumentalism in other common law jurisdictions, formalism and instrumentalism contrasted
• the normative foundations of proprietary claims and remedies - considerations of justice and efficiency for giving owners relief against third parties, rights to profit, should these remedies be specific?, should these remedies have priority in bankruptcy?. Redistributive proprietary remedies: the metaphysics of tracing - substituted title and property rhetoric - analysing tracing, the metaphysics of tracing - the denial of the remedial nature of tracing in legal discourse, an explanation of tracing rhetoric - the reconciliation of tracing with axiomatic notions of property rights, the normative basis for substituted title, the consequences of tracing discourse for the substantive, some realism about tracing, conclusion
• the proprietary consequences of a vitiated intention to transfer property - "an intolerable reproach to our system of jurisprudence"? - the possible legal responses to a vitiated consent to pass title, vitiated intent and equitable title - doctrinal responses, proprietary relief for vitiated transfers - relevant policy considerations
• qualified consent to transfer property - the mysterious basis of the quistclose trust - conceptualising the quistclose trust, considerations of justice and efficiency
• obligation into ownership - constructive trusts and liens in arrangements to assign property - the distribution of entitlements in sale of goods transactions, the passage of title in equity - constructive trusts and liens arising in the context of contracts of sale, conclusion
• proprietary relief for enrichment by wrongs - the shifting boundary between ownership and obligation - proprietary relief for enrichment by wrongs - a normative analysis, Lister v. Stubs and the ownership/obligation distinction, deducing ownership from obligation - AG for Hong Kong v. Reid, proprietary relief for enrichment by wrongs in North American legal thought, conclusion - the limits and price of formalism
• the division of assets on the breakdown of intimate relationships - the limits of private ordering - introduction, from contract to status - justifications for judicial intervention, the inadequacy of justifications offered for intervention in this area, the limits of the private ordering paradigm (Part Contents).
• (source: Nielsen Book Data)

There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights, these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights.
(source: Nielsen Book Data)