Spelling suggestions: "subject:"judicial power"" "subject:"udicial power""
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The idea of judicial power, with special reference to Australian lawFinnis, John January 1965 (has links)
The aim of this thesis is to contribute to analytical Jurisprudence by studying in depth a concept that is characteristically legal and, at the same time, both a traditional term of descriptive political analyses and familiar in ordinary non-technical usage. The concept selected for study is "judicial power". The intended point of the study is fourfold: (1) to illustrate a useful method of analytical jurisprudential enquiry: (2) to discover and illustrate the types of features, problems and lessons connected with the use of legal concepts, or of theoretical or commonsense concepts in a legal context: (3) to compare the approaches of descriptive theorists and of lawyers to those problems and features , and (4) to provide thereby some concrete evidence of the distinction (or absence of distinction) between legal thought, method and system, and the thought, method and system of commonsense and the purified commonsense no of descriptive theory. A long introductory chapter seeks to explicate these particular aims, and to place them in the context of contemporary analytical jurisprudence. In the first place, it argues that the sharp distinction, drawn by Prof. H. L. A. Hart, between descruotive statements or "statements of fact", and legal statements or "conclusions from rules", is misleading and ought to be abandoned as a solution for the puzzle it was put forward to resolve. This argument, if correct, clears the ground for a more-or-less straightforward comparison between the "descriptive" use of the term "judicial power" by political analyst from Aristotle to modern times, and the use of the same term in "conclusions of law" arrived at by Justices if the High Court of Australia in interpreting the Australian federal Constitution. Moreover, in the course of the argument it is suggested that the general criterion of the correctness of statements, legal or otherwise, is the absence of further relevant questions that would lead to a revision of the statement, so that an analysis of the special feature of legal language should not rely on the simple distinction put forward by Hart, but should seek to identify the general and special conditions surrounding the making of correct statements in legal as compared with other realms of discourse. Several such conditions are suggested a priori; legal discourse is distinguished from commonsense discourse by (1) the desire for a system in affairs; (2) the need to resolve disputes by giving final answers; (3) the consequent definition of terms, and limitation on further questions; (4) the consequent possibility of authority and precedent, further limiting questions, and providing (5) an actual system of definite terms and relations on which to base a transition to more abstract concepts expressing generically various systematic relationships possible between definite terms. A conclusion of the whole thesis is that such features or conditions of legal discourse may readily be identified in the history of the Australian discussions of judicial power.
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Justiciability before the International Court of JusticeMaciolek, Nicholas January 2014 (has links)
No description available.
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Wo guo xing xian hou si fa guan tan he an zhi yan jiuLü, Qingchi. January 1900 (has links)
Thesis (M.S.)--Taiwan da xue. / Reproduced from typescript with hand written t.p. eContent provider-neutral record in process. Description based on print version record. Bibliography: p. 241-247.
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Wo guo xing xian hou si fa guan tan he an zhi yan jiuLü, Qingchi. January 1900 (has links)
Thesis (M.S.)--Taiwan da xue. / Reproduced from typescript with hand written t.p. Bibliography: p. 241-247. Also issued in print.
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Organizacion judicial /Rodríguez Cortés, Hugo Humberto. January 1946 (has links)
Thesis (doctoral)--Universidad Javeriana.
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Malloy v. Hogan and the application of a principle of justiceMcLauchlan, William P. January 1966 (has links)
Thesis (M.A.)--University of Wisconsin--Madison, 1966. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.
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The state of judicial independence in Latin America a framework for evaluating judicial independence and the success or failure of judicial reforms /Colon, Edgardo E. January 2003 (has links)
Thesis (Ph. D.)--University of Houston, 2003. / Includes bibliographical references (leaves 197-208).
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Arbitral power in the People's Republic of China reality and reform /Wang, Wenying, January 2004 (has links)
Thesis (S. J. D.)--University of Hong Kong, 2005. / Title proper from title frame. Also available in printed format.
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Courting change :the role of apex courts and court cases in urban governance: a Delhi-Johannesburg comparisonRubin, Margot Wendy 05 February 2014 (has links)
The courts are recognised as playing an increasingly important role in the realisation and
concretisation of socio-economic rights. However, the implications of these activities for notions of
voice, engagement and access to decision-makers and those in power, are largely not understood.
This study seeks to address key questions around what type of platform for engagement the courts
are providing for more marginalised groups beyond sites of redress, as well as to consider the
impacts of court cases, decisions and remedies on policy, practice and the everyday life of urban
residents. The study utilises a comparative approach between India and South Africa, and examines
two seminal court cases - one in Delhi, the Sealings Case, and the other in Johannesburg, the Olivia
Road Case. The case studies demonstrate that the litigants’ decision to go to court is, in part, closely
linked to the failure of representative democracy and is influenced by the coalitions and alliances of
urban actors. Furthermore, the case studies look at the court as a site of engagement between
citizens, residents and the state in order to see what benefits or dangers exist when engaging in
litigation. The case studies further provide some insights into the implications of being denied access
to the courts and how alternative modes of power-seeking and voicing issues come to the fore. Lastly,
the case studies offer an account of the consequences of litigation and looks at the impact of court
cases on policy, policy-making process, practice and the lives of citizens and notes that these are not
only highly differentiated but also extremely unpredictable. In making sense of the role of the court in
urban governance, the study argues for a conceptualisation of courts as institutions of hegemony, and
pushes Gramsci’s notion to explain courts and court cases as platforms on which litigants can
promote their own hegemonic or counter-hegemonic project. However, courts are not neutral
containers in which these politics unfold; rather they are engaged actors with their own agendas and
hegemonic visions, which they seek to enforce through the decisions that they make and the roles
that they carve out for themselves within the urban governance terrain.
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The politics of judicial retrenchment /Staszak, Sarah. January 2010 (has links)
Thesis (Ph.D.)--Brandeis University, 2010. / "UMI no: 3390523." MICROFILM COPY ALSO AVAILABLE IN THE UNIVERSITY ARCHIVES. Includes bibliographical references.
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