Richard Feetham was Judge President of the Natal Provincial Division from 1 May 1930 to 18 July 1939. He succeeded Dove Wilson who was an able but not a very learned or dynamic Judge President. Thus, at the time of his appointment the Natal Court and its judgments were treated with little respect by the other provincial divisions. Feetham JP, unlike his predecessor, was not only a scholar with a towering intellect but a man endowed with outstanding leadership qualities. He was thus ideally suited to bring about a change for the better in the status of the Natal Court. He did this by taking a dynamic lead and presided over and delivered a high proportion of the courts' judgments. He also set his brethren an excellent example by the high standard he set for himself and his court and which they emulated. This thesis thus also covers the careers of these puisne and acting puisne judges and their contribution towards the better administration of justice in Natal. In 1930 there existed in Natal a disinct system of dual practice with a de facto Bar. This system had been a vexed question in the minds of Natal lawyers for two decades but when Feetham JP was confronted with it he immediately addressed the controversial issue and brought about the necessary reforms to divide the legal profession and bring Natal into line with the rest of South Africa. This reform raised the quality of pleading and manner in which the law was presented. It also provided the Natal Bench with able personnel for the future from within Natal. Accordingly this thesis also assesses the careers of the main legal practitioners of that period and their contribution towards the development of the administration of justice in Natal. In less than ten years Feetham JP thus transformed the Natal Provincial Division from being weak and ineffectual to a position where it became a division respected for its Bench, judgments and legal profession. During the course of time history has confirmed the overall significance of Richard Feetham's Judge Presidency. / Thesis (LL.M.)-University of Natal, Durban, 1988.

This study examines whether there is a wage gap between male and female ordinary judges in the Swedish legal system in the year 2021 and what some of the possible reasons may be for the existing wage gap. The study is based on data obtained from the Swedish National Courts Administration, which includes the 1 000 ordinary judges who are active in the year 2021. The data material is then analyzed using descriptive statistics as well as a bivariate regression analysis to understand if there is an existing wage gap between male and female ordinary judges. To answer the second question, the data material is analyzed using a multiple regression analysis to give us an understanding of what may be the causes of the existing wage gap. The results show that male regular judges earn an average of 1 715 SEK more a month than their female colleagues. In addition, the results of the multiple regression analysis also show that when we use the independent variables that the data material contains, there is in 93 percentage of the cases a statistically significant guaranteed wage gap of 258 SEK per month between male and female ordinary judges in the Swedish legal system.

It is a well known fact that in recent years the United States Senate has increasingly become more critical of presidential appointments to the Supreme Court branch. In this thesis the author has undertaken an intensive study of the several cases between 1916 and 1930 in which, serious opposition developed to the confirmation of Supreme Court appointments. Within this period fall the unsuccessful fights against Justices Brandeis,Taft, Butler, Stone,and Hughes,and the successful opposition to Judge Parker. In each case an effort has been made to bring out the forces and arguments operative on either side of the controversy, and to establish the fundamental motivation underlying these several manifestations of senatorial discontent. The intensive study of this question has been limited to the period from 1916 to 1930. As a preliminary background, however chapter one has been devoted to a rapid survey of the confirmation struggles arising over Supreme Court appointments of the eighteenth and nineteenth centuries and in the concluding chapter, brief reference has been made to the subsequent record of Chief Justice Hughes, to illustrate the false premise upon which some of the struggles have been founded. In the concluding lines,the author has attempted to state what he believes to be the only justifiable grounds for future attacks upon presidential nominees to the Supreme Court of the United States.

An understanding of the nature and role of the parlements is essential to effective study of the French old régime, and of the origins of the Revolution. Much light can be thrown on this question by the study of the magistrates of these courts, their interests, and the conditions under which they passed their lives. The results of such enquiries have the added use of illustrating aspects of aristocratic life not directly connected with the parlements. The study of parlementaires, therefore, has relevance to political, institutional, social, economic, and intellectual history. Too often, studies have been too narrowly tied to their political or social and economic aspects, with no attempts other than the crudest to link them, and the result has tended to produce an unbalanced picture. In this thesis an attempt has been nade to bind together all the aspects of the lives of one group of parlementaires, to relate then one to another, and to to present a total view which will make the ways of parlementaires more understandable.

Call number: LD2668 .T4 1979 C37 / Master of Arts

No abstract available / Old Testament and Ancient Near Eastern Studies / D.Th. (Old Testament)

published_or_final_version / Social Work / Master / Master of Social Work

Over the course of the 20th and 21st Centuries the judiciary have increasingly made decisions that have affected the substantive content and the procedural implementation of public policy. The aim of this thesis is to provide an explanation for this political behaviour in judges by introducing the Legislative Politicisation of the Judiciary Theory to the debate. The theory proposes that the key independent causal variable is the language of Parliamentary legislation. The argument is that as legislation has been increasingly used to delegate power from Parliament to its various agents, the language used has become more indeterminate in order to enable discretion. Such indeterminacy creates an institutional problem where the orders of the sovereign Parliament are not clear, and to resolve this uncertainty in the Rule of Law the judges must intervene. The political behaviour of judges is therefore stimulated by a change in the legislative supply-side rather than a change in the behavioural demand-side, and the judges are acting as professional technocrats charged with ensuring the efficacious implementation of Parliamentary legislation. A new discourse analysis methodology has been created for this thesis that provides evidence of change in the language of legislation between 1920 and 2010. A total of 8,328 sections of primary and secondary legislation have been hand-coded, with results showing that 3% of sections in 1920 (21 sections in real terms) were “Henry VIIIth clauses”, where power to make new law was delegated by Parliament; by 2010 this had increased to 16% (400 sections in real terms).

Comparative analysis of the role of judges in international judicial bodies Abstract The proximate topic of this thesis are two of the most prominent international judicial bodies: The Court of Justice of the European Union, in the narrow sense of the term, and the Dispute Settlement Body of the WTO. The actual interest of the work however lies not in the history, normative underpinnings or operation of these institution per se, but rather in the general insights on judicial partiality, bias and relevant preventive mechanisms which can be gleaned from these two concrete examples. The thesis does initially provide a brief overview of the actual workings of both systems, in order to establish a factual background on which to base its subsequent theoretical analysis. The second segment of the work then predominantly focuses on two phenomena - the distribution of representation in the relevant bodies of the judicial institutions from the perspective of individual member entities of both organizations, and the related issue of partiality of judges and other judicial or quasi-judicial figures in these systems; in particular their propensity towards championing national interest of their home countries, in lieu of a disinterested due performance of their duties. The analysis initially examines the factual state of...

<p>Prior to the Civil Rights Movement, fewer than 50 Black judges had been elected or appointed to the judiciary. As of August 2015, there are over 1,000 Black state and federal judges. As the number of black judges has increased, one question arises: have American courts been altered purely by this substantial increase? One expectation—and, at times, a prediction—behind the increased descriptive representation of Black judges is that their mere presence would alter the judiciary. It was supposed that these judges would substantively represent Black interests in the decisions they made. In other words, it was suspected, and predicted, that Blacks in the judiciary would enhance equality and justice by being aware of, responsive to, and advocating for African Americans. This theory about the likely role of Black judges derives from theoretical work on political representation and racial group consciousness, and empirical studies of Black elite behavior in other political institutions.</p><p>Despite such predictions, there is no corresponding scholarly consensus regarding whether Black judges possess a racial group consciousness and have racially distinctive judicial behavior. Therefore, the theory undergirding the demand for increased diversification, as a means to transform the judiciary, remains unsubstantiated. This is precisely where this project, “They’re There, Now What?: The Identities, Behavior, and Perceptions of Black Judges,” seeks to intervene in and explore, if not settle, the matter of whether black judges possess a racial group consciousness and exhibit racially-distinctive judicial behavior. It addresses a set of interrelated questions relevant to understanding whether we can view Black judges as representatives in ways that are similar to how we view other Black political officials. I examine these questions using a multi-method approach. For my analyses, I draw on diverse materials: the published biographies of every Black judge appointed to the federal bench, a survey experiment with a nationally-representative adult sample, and semi-structured interviews with 30 Black judges.</p><p>This research, which engages with scholarship on representation, group consciousness, judicial behavior, and candidate perceptions, offers new insights into the lives, perceptions, and behavior of Black judges, as well as the manifestations of Black substantive representation in the judiciary. My dissertation argues that, despite the general reluctance to use the term “representation” when referring to judges, we can consider Black judges as representatives. Black judges behave as substantive representatives by (1) sharing and understanding the experience, history, and perspectives of Black Americans, (2) challenging language, persons, policies, and laws they feel negatively affect, or violate the rights and liberties of, African Americans, (3) respecting African American litigants, and (4) ensuring the rights of African Americans are protected and the needs of black Americans are being met. </p><p>Only through research that considers the perspectives, identities, perceptions, and behavior of Black judges will we arrive at a more comprehensive understanding of the importance of racial diversity in the courts. As this project finds, a link between descriptive representation and substantive representation can, and frequently does exist within the judicial context. Such a link is significant given that Blacks’ liberty and justice through the American legal system continues to be subject to those who exercise judicial power. This dissertation has implications for the discourse surrounding the need for increased descriptive and substantive representation of Blacks in the judiciary, and the factors that affect representation in the justice system.</p> / Dissertation