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Judicial Safeguards

Geranne Lautenbach

in The Concept of the Rule of Law and the European Court of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671199
eISBN:
9780191750663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671199.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

The European Court of Human Rights (ECtHR) has broadened the scope of the right to a fair trial based on the rule of law to include access to court, the requirement that judicial decisions must be ... More


THE FUTURE OF COURT SYSTEM TRANSPARENCY

Lynn M. LoPucki

in Confidentiality, Transparency, and the U.S. Civil Justice System

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199914333
eISBN:
9780199980185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199914333.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter argues that existing technology is capable of rendering the court system almost completely transparent at nominal cost. “Transparent” means that the public would have online access not ... More


Injustice in Person: The Right to Self-Representation

Rabeea Assy

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199687442
eISBN:
9780191767104
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199687442.001.0001
Subject:
Law, Human Rights and Immigration

This book explores whether mandatory legal representation may sometimes be justified. Litigation in person is widespread in common-law jurisdictions and self-representation is treated as a ... More


The Immunity of States and Their Officials in International Criminal Law and International Human Rights Law

Rosanne Van Alebeek

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232475
eISBN:
9780191696558
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232475.001.0001
Subject:
Law, Public International Law

This book examines the tension between international immunity rules, international human rights law, and international criminal law. The progressive development of a normative system of international ... More


Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory)

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0010
Subject:
Law, Human Rights and Immigration

The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards ... More


Changing the Decision Makers: From Litigation to Arbitration

Sarah Staszak

in No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199399031
eISBN:
9780190221713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199399031.003.0003
Subject:
Political Science, American Politics

This chapter examines the development, professionalization, and proliferation of alternative dispute resolution (ADR) practices that have frequently empowered nonjudicial actors to resolve legal ... More


Changing the Incentives: Leaving Rights and Removing Remedies

Sarah Staszak

in No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199399031
eISBN:
9780190221713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199399031.003.0006
Subject:
Political Science, American Politics

This chapter examines reform efforts aimed at either protecting groups of individuals or government actors from being sued or limiting the remedies that incentivize pursuing a legal proceeding. By ... More


Changing the Rules: The Battle to Control Civil Procedure

Sarah Staszak

in No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199399031
eISBN:
9780190221713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199399031.003.0004
Subject:
Political Science, American Politics

This chapter explores the struggle between the three branches of government, interest groups, and professional associations over the authority to craft and amend the Federal Rules of Civil Procedure ... More


Changing the Venue: The Quasi-Judicial Realm of the Administrative State

Sarah Staszak

in No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199399031
eISBN:
9780190221713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199399031.003.0005
Subject:
Political Science, American Politics

This chapter examines the growth of the administrative state (and particularly agency adjudication) as a mechanism for moving the resolution of political, legal, and policy disputes away from the ... More


The Politics of Judicial Retrenchment

Sarah Staszak

in No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199399031
eISBN:
9780190221713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199399031.003.0002
Subject:
Political Science, American Politics

This chapter reviews the ways in which social scientists and legal scholars examine questions of access to courts and proposes an alternative theory of judicial retrenchment. Given that this ... More


Determination and Scope of Immunity of International Organizations

Edward Chukwuemeke Okeke

in Jurisdictional Immunities of States and International Organizations

Published in print:
2018
Published Online:
May 2018
ISBN:
9780190611231
eISBN:
9780190611262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190611231.003.0009
Subject:
Law, Public International Law, Legal Profession and Ethics

This chapter deals with the most contentious aspects of the immunity of international organizations: its determination and scope. It is well-settled, under international law, that international ... More


No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Sarah Staszak

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199399031
eISBN:
9780190221713
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199399031.001.0001
Subject:
Political Science, American Politics

We are now more than half a century removed from height of the rights revolution, a time when the federal government significantly increased legal protection for disadvantaged individuals and groups, ... More


Challenging the Conduct of International Organizations before Domestic Courts

Carla Ferstman

in International Organizations and the Fight for Accountability: The Remedies and Reparations Gap

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808442
eISBN:
9780191846144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808442.003.0006
Subject:
Law, Public International Law

This chapter is about domestic courts. Victims often have no other option than to seek a remedy against an international organization before domestic courts. This is so even though the domestic ... More


The Unasked Question*

Rabeea Assy

in Injustice in Person: The Right to Self-Representation

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199687442
eISBN:
9780191767104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199687442.003.0002
Subject:
Law, Human Rights and Immigration

It is often said that the adversarial system is responsible for the failure of litigants in person to achieve justice, and that the system should therefore adjust to accommodate their needs. The ... More


A Man for All Processes

Samuel Issacharoff

in Principles, Procedure, and Justice: Essays in honour of Adrian Zuckerman

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198850410
eISBN:
9780191885433
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850410.003.0001
Subject:
Law, Private International Law

The American due process revolution that began in the 1960s was slow to reach Britain. The limited power of judicial review and the removal of procedure from the academic study of law left the field ... More


Conclusion

Sarah Staszak

in No Day in Court: Access to Justice and the Politics of Judicial Retrenchment

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199399031
eISBN:
9780190221713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199399031.003.0007
Subject:
Political Science, American Politics

In conclusion, this chapter reflects on what the politics of judicial retrenchment help us to understand about the ideologies that drive reform, the importance of rules as levers for change in the ... More


Controlling Recoverable Costs

Rupert Jackson

in Principles, Procedure, and Justice: Essays in honour of Adrian Zuckerman

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198850410
eISBN:
9780191885433
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850410.003.0011
Subject:
Law, Private International Law

The chapter reviews the system of fixed recoverable costs in Germany, noting its obvious benefits although that system cannot be transplanted to England and Wales. The chapter argues that in the ... More


Intersections between Diplomatic Immunities and the Immunities of International Organizations

Alison Duxbury

in Diplomatic Law in a New Millennium

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795940
eISBN:
9780191837128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795940.003.0017
Subject:
Law, Public International Law, Private International Law

This chapter examines the immunities of international organizations and the impact of the VCDR on this legal regime. While the VCDR is not directly applicable in this context, consideration of the ... More


Sovereign Debt and Civil/Political Rights

Sarah Joseph

in Sovereign Debt and Human Rights

Published in print:
2018
Published Online:
January 2019
ISBN:
9780198810445
eISBN:
9780191847783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198810445.003.0017
Subject:
Law, Human Rights and Immigration, Public International Law

The fundamental premise of this chapter is that all rights (including civil and political) require positive action and utilisation of resources on the part of the state. Equally, it demonstrates that ... More


Introduction

James E. Pfander

in Cases Without Controversies: Uncontested Adjudication in Article III Courts

Published in print:
2021
Published Online:
July 2021
ISBN:
9780197571408
eISBN:
9780197571439
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197571408.003.0001
Subject:
Law, Constitutional and Administrative Law

This book’s introduction poses the problem of uncontested adjudication in the federal court system of the United States by focusing on the 2013 decision in United States v. Windsor. While in that ... More


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