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Democracy and Its Institutions

André Béteille

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198080961
eISBN:
9780199082049
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198080961.001.0001
Subject:
Sociology, Politics, Social Movements and Social Change

Democracy was inspired by the lofty ideals of the French Revolution: liberty, equality, and fraternity. These ideals led many countries to challenge the absolutist monarchies of the past. In Europe, ... More


Supreme Injustice: How the High Court Hijacked Election 2000

Alan M. Dershowitz

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.001.0001
Subject:
Political Science, American Politics

Millions of Americans were mystified by, and outraged, by the US Supreme Court's role in deciding the presidential election of 2000. The Court had held a unique place in the system of checks and ... More


State Courts

Daniel Berkowitz and Karen B. Clay

in The Evolution of a Nation: How Geography and Law Shaped the American States

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691136042
eISBN:
9781400840540
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691136042.003.0005
Subject:
Economics and Finance, Economic History

This chapter examines how a state's colonial legal system and levels of political competition in the state legislature shaped the independence of judges on the state high court. It argues that the ... More


Legal Initial Conditions

Daniel Berkowitz and Karen B. Clay

in The Evolution of a Nation: How Geography and Law Shaped the American States

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691136042
eISBN:
9781400840540
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691136042.003.0002
Subject:
Economics and Finance, Economic History

THIS CHAPTER EXAMINES colonial legal systems and their effects on the balance of power between the state legislature and the state high court. It argues that the balance of power is important because ... More


The Possibilities of Judicial Revision

William G. Wagner

in Marriage, Property, and Law in Late Imperial Russia

Published in print:
1994
Published Online:
October 2011
ISBN:
9780198204473
eISBN:
9780191676291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198204473.003.0006
Subject:
History, European Modern History

This chapter emphasizes the ability of the high court to initiate amendment in the family law, as demonstrated by the actions of the Civil Cassation Department to signify the property and personal ... More


Arrival on the High Court

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0029
Subject:
Law, Legal History

This chapter describes the judges’ arrival to the high court. Appointment to the high court came at an average age of 46.4. There was some variation among the high courts concerning the age for ... More


The Family Justice Process 1900–1970

Stephen Cretney

in Family Law in the Twentieth Century: A History

Published in print:
2005
Published Online:
February 2010
ISBN:
9780199280919
eISBN:
9780191713170
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280919.003.0008
Subject:
Law, Family Law, Legal History

The decision to grant a divorce was regarded as so important that only the High Court had the power to do so. But while this not only made the process very expensive, increasing demand (especially in ... More


Australia: Devotion to Legalism

Jeffrey Goldsworthy

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0004
Subject:
Law, Comparative Law

The Commonwealth of Australia is a federation of six states, whose constitution was enacted by the United Kingdom Parliament in 1900, when Australia was part of the British Empire. The six states had ... More


The Institutions of Democracy

André Béteille

in Democracy and Its Institutions

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198080961
eISBN:
9780199082049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198080961.003.0001
Subject:
Sociology, Politics, Social Movements and Social Change

This chapter examines the ideals of democracy and the actual operation of its institutions in India, focusing on those political institutions that began to emerge from the middle of the nineteenth ... More


The Prospect of Courts Reviewing Higher Court Constitutional Fact-Finding

David L. Faigman

in Constitutional Fictions: A Unified Theory of Constitutional Facts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195341270
eISBN:
9780199866878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195341270.003.0007
Subject:
Law, Constitutional and Administrative Law

Inherent in the approach proposed in this book is the basic insight that facts are dynamic over time, in that they themselves might change with advancing technology or an evolving society, or that ... More


High Court Seniority

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0030
Subject:
Law, Legal History

This chapter discusses seniority on the high courts. Nearly half of those promoted to the SCI were high court chief justices. More than 80 per cent (85.2 per cent during the first period, 82.4 per ... More


Robert Edgar Megarry 1910–2006

Stephen Cretney

in Proceedings of the British Academy, Volume 153 Biographical Memoirs of Fellows, VII

Published in print:
2008
Published Online:
January 2012
ISBN:
9780197264348
eISBN:
9780191734250
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197264348.003.0013
Subject:
History, Historiography

Robert Edgar Megarry (1910–2006), a Fellow of the British Academy, had a career in the law unmatched in its distinction, breadth, and diversity. He not only achieved an outstanding reputation as a ... More


Professional Careers

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0027
Subject:
Law, Legal History

This chapter examines the professional careers of the judges. The average age at which these men had completed their education and commenced their professional careers was twenty-four. All, except ... More


The Pathak Court (1986–9)

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0018
Subject:
Law, Legal History

This chapter describes the Pathak Court of 1986–9. Twenty-four years after becoming a judge of the Allahabad High Court and after nearly nine years of experience on the SCI, the government announced ... More


Region

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0024
Subject:
Law, Legal History

This chapter examines the regions represented by the judges. There is no constitutional mandate that the membership of the SCI must be representative of the nation but the data shows clearly that the ... More


Seniority

Abhinav Chandrachud

in The Informal Constitution: Unwritten Criteria in Selecting Judges for the Supreme Court of India

Published in print:
2014
Published Online:
June 2014
ISBN:
9780198098560
eISBN:
9780199082971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198098560.003.0004
Subject:
Law, Legal History

This chapter discusses the ‘seniority’ criterion in appointing judges to the Supreme Court of India. It is demonstrated that only ‘senior’ High Court judges (and increasingly, only High Court Chief ... More


New Horizons?

Christine Kelly

in Juvenile Justice in Victorian Scotland

Published in print:
2019
Published Online:
May 2020
ISBN:
9781474427340
eISBN:
9781474476508
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474427340.003.0005
Subject:
Society and Culture, Scottish Studies

The fourth chapter places the focus on the period 1884-1910, analysing the situation in Scotland at the turn of the century; by this time the statutory system had evolved into a net-widening ... More


The Evolution of Parliament

P. R. Cavill

in The English Parliaments of Henry VII 1485-1504

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199573837
eISBN:
9780191721878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573837.003.0009
Subject:
History, British and Irish Early Modern History

Chapter 8 locates the institution in Henry VII's reign within a broader account of the evolution of parliament. It first discusses the emergence of a parliamentary trinity, and examines procedural ... More


States of Birth

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0023
Subject:
Law, Legal History

This chapter examines the states of birth of the judges. The ninety-three judges were born in sixteen of the twenty-five states which existed in the 1980s. Uttar Pradesh and Maharashtra are ... More


Judicial Salaries from the 1940s to the 1980s

Robert Stevens

in The Independence of the Judiciary: The View from the Lord Chancellor's Office

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198262633
eISBN:
9780191682377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262633.003.0008
Subject:
Law, Constitutional and Administrative Law

The issue of judicial salaries, especially before the passage of the Administration of Justice Act, 1973 — which provided an extra-parliamentary method of raising High Court salaries — highlighted ... More


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