Law and Judicial Duty

Author: Philip HAMBURGER
Publisher: Harvard University Press
ISBN: 0674038193
Format: PDF, ePub, Docs
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Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. 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
Format: PDF
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Campbell has developed a democratic theory of law that combines a deep commitment to the moral significance of rule of law and the political importance of human rights with a thoroughly positivist analysis of the way in which law and rights should be institutionalised.

Judging in Good Faith

Author: Steven J. Burton
Publisher: Cambridge University Press
ISBN: 9780521477406
Format: PDF, ePub, Mobi
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This book is concerned with the ethics of judging in courts of law. Professor Burton analyzes the grounds, content, and force of a judge's legal and moral duties to uphold the law. He defends two primary theses. The first is the good faith thesis, whereby judges are bound in law to uphold the law, even when they have discretion, by acting only on reasons warranted by the conventional law as grounds for judical decisions. The good faith thesis counters the common view that judges are not bound by the law when they exercise discretion. The second is the permissible discretion thesis, whereby, when exercised in good faith, judicial discretion is compatible with the legitimacy of adjudication in a constitutional democracy under the Rule of Law. The permissible discretion thesis counters the view that judges can fulfill their duty to uphold the law only when the law yields determinate results. Together, these two theses provide an original and powerful theory of adjudication in sharp contrast both to conservative theories that would restrict the scope of adjudication unduly, and to leftist critical theories that would liberate judges from the Rule of Law.

The Will of the People

Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
ISBN: 9781429989954
Format: PDF
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In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

Constitutional Morality and the Rise of Quasi Law

Author: Bruce P. Frohnen
Publisher: Harvard University Press
ISBN: 0674088875
Format: PDF, Docs
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Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.

UK Public Law and European Law

Author: Gordon Anthony
Publisher: Hart Publishing
ISBN: 1841131482
Format: PDF, Docs
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This title argues that recent internal developments in UK law, notably the passage of the Human Rights Act, present new possibilities for legal integration.

The Rule of Law

Author: Ian Shapiro
Publisher: NYU Press
ISBN: 9780814780244
Format: PDF, Kindle
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From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable partly because it is rational, then departures from that rule might also be desirable in the event that they can be shown to be rational. Part IV concentrates on the limits of the rule of law, considering the tensions between liberalism and the rule of law which exist despite the fact that reasoned commitment to the rule of the law is preeminently a liberal commitment. Contributing to the volume are: Robert A. Burt (Yale University), Steven J. Burton (University of Iowa), William N. Eskridge, Jr. (Georgetown University), John Ferejohn (Stanford University), Richard Flathman (Johns Hopkins University), Gerald F. Gaus (University of Minnesota, Duluth), Jean Hampton (University of Arizona), Russell Hardin (University of Chicago), James Johnson (University of Rochester), Jack Knight (Washington University), Stephen Macedo (Harvard University), David Schmidtz (Yale University), Lawrence B. Solum (Loyola Marymount University), Michael Walzer (Princeton University), Catherine Valcke (University of Toronto), and Michael P. Zuckert (Carleton College).

Planning Law and Practice

Author: J. Cameron Blackhall
Publisher: Psychology Press
ISBN: 9781859417485
Format: PDF, ePub, Mobi
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The law relating to town and country planning has a major impact upon the physical environment and affects private citizens, landowners and developers alike. This third edition is a comprehensive text for students, practitioners and members of the general public on this difficult area of law. Following the Planning and Compulsory Purchase Act 2004, the third edition of Planning Law and Practice contains a complete revision of plan-making and the control of development as well as incorporating recent case law. Together this provides up-to-date details of the operation of the current English planning system. The successful format adopted in the first edition of this book, which was awarded the Gold Award for Best Reference Work by the Chartered Institute of Building in 1999, has been retained. Planning legislation is dealt with in the main chapters, while further chapters use relevant case law to amplify the sometimes complex statutory material. In addition, the book outlines other areas of land law such as European legislation, non-planning controls and public investment.

The Function of Law in the International Community

Author: Hersch Lauterpacht
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584770902
Format: PDF, ePub, Docs
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Lauterpacht, H[ersch]. The Function of Law in the International Community. Oxford: Clarendon Press, 1933. xxvi, 470 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 00-022124. ISBN 1-58477-090-2. Cloth. $90. * Lauterpacht disputes the widely held viewpoint in the international community that international law has inherent limitations and is incapable of unification, and presents his treatise in a well-researched technical format. "While on the surface Dr. Lauterpacht's study is an analysis of the judicial process, it embraces practically the whole philosophy of international law. However, it is less the scope than the manner of handling the subject which makes this book one of the most outstanding contributions to the science of international law." Francis Deak, Columbia Law Review 34:797. Marke, A Catalogue of the Law Collection at New York University 637.