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Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Aida Torres Pérez

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199568710
eISBN:
9780191705571
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568710.001.0001
Subject:
Law, EU Law

This book focuses on the potential for conflict between overlapping constitutional and EU fundamental rights. When constitutional and EU rights overlap and the respective interpretations diverge, ... More


The Law on Judicial Authority and Judicial Independence

Mahmud Al-khudayri

in Judges and Political Reform in Egypt

Published in print:
2009
Published Online:
January 2012
ISBN:
9789774162015
eISBN:
9781617970993
Item type:
chapter
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774162015.003.0004
Subject:
Political Science, International Relations and Politics

According to Article 78 of the judicial authority law, “A department of judicial inspection shall be formed in the ministry of justice to inspect the work of judges and presidents of courts of first ... More


Judicial Activism of a Special Type: South Africa's Top Courts Since 1994

Hugh Corder

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0008
Subject:
Law, Public International Law, EU Law

This chapter examines judicial activism in South Africa's Supreme Court of Appeal and Constitutional Court. It discusses the nature of the constitution/lawmaking which has occurred over the past 15 ... More


The Role of the Judges' Club in Enhancing the Independence of the Judiciary and Spurring Political Reform1

Atef Shahat Said

in Judges and Political Reform in Egypt

Published in print:
2009
Published Online:
January 2012
ISBN:
9789774162015
eISBN:
9781617970993
Item type:
chapter
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774162015.003.0008
Subject:
Political Science, International Relations and Politics

This chapter is divided into four sections, the first and the last of which are devoted to this larger context. The first section discusses the position of the Judges' Club in the structure of ... More


Basic Constitutional Distinctions

William McKay and Charles W. Johnson

in Parliament and Congress: Representation and Scrutiny in the Twenty-First Century

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199273621
eISBN:
9780191594281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199273621.003.0002
Subject:
Political Science, American Politics, UK Politics

The absolute legislative supremacy of the UK Parliament has—by law made by Parliament itself—been modified in practice by several factors, including EU membership, human rights legislation, and ... More


Judges and Elections: The Politicization of the Judges' Discourse

Sherif Younes

in Judges and Political Reform in Egypt

Published in print:
2009
Published Online:
January 2012
ISBN:
9789774162015
eISBN:
9781617970993
Item type:
chapter
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774162015.003.0010
Subject:
Political Science, International Relations and Politics

Regardless of how the conflict over the 1972 Law on Judicial Authority and the laws governing election monitoring ended, judges have succeeded for the first time since 1954 in transforming the ... More


The General Prosecutor between the Judicial and Executive Authorities

Abdallah Khalil

in Judges and Political Reform in Egypt

Published in print:
2009
Published Online:
January 2012
ISBN:
9789774162015
eISBN:
9781617970993
Item type:
chapter
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774162015.003.0005
Subject:
Political Science, International Relations and Politics

With the establishment of the mixed courts in 1875, Egypt became the first Arab country to incorporate the office of the general prosecutor into its legal system. Since then, that office has been ... More


Provincial Arbitration: Cases and Rabbinic Authority

Hayim Lapin

in Rabbis as Romans: The Rabbinic Movement in Palestine, 100-400 CE

Published in print:
2012
Published Online:
September 2012
ISBN:
9780195179309
eISBN:
9780199950355
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195179309.003.0004
Subject:
Religion, Judaism

Rabbis appear as judges in cases in approximately 200 narratives, more or less divided between the “tannaitic” texts (putatively describing figures before the early third century), and “amoraic ... More


Foreign Lordship and Native Community

R. R. Davies

in The Age of Conquest: Wales 1063-1415

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198208785
eISBN:
9780191678141
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208785.003.0017
Subject:
History, British and Irish Medieval History

Wales was a patchwork of lordships, royal and seignorial. Such fragmentation created its own problems. The power of the lord extended no further than the boundary of his lordship; the inhabitants of ... More


Criminal Justice and Democracy

Darryl K. Brown

in Free Market Criminal Justice: How Democracy and Laissez Faire Undermine the Rule of Law

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190457877
eISBN:
9780190457907
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190457877.003.0002
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

Democratic accountability and political supervision play an outsized role in American criminal justice, and this chapter describes some of the effects of this unique democratic commitment. Most U.S. ... More


France

Emmanuel Decaux

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0008
Subject:
Law, Public International Law

French tradition combines the privileged position given to written law, and especially to codification over two centuries, with the desire to control ‘judicial authority’ by limiting the importance ... More


Adjudication and Legal Change

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0021
Subject:
Law, Philosophy of Law

This chapter is a comment on Kleinwort Benson v Lincoln (1998) grapples with the question how far adjudication differs from legislation even when the court is overruling long-standing precedents long ... More


Constitutional Paradigms and Judicial Authority

Michaela Hailbronner

in Traditions and Transformations: The Rise of German Constitutionalism

Published in print:
2015
Published Online:
December 2015
ISBN:
9780198735427
eISBN:
9780191799587
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735427.003.0002
Subject:
Law, Constitutional and Administrative Law

The first chapter provides the book’s analytical framework, enabling us to locate German constitutionalism in comparison with other countries such as the United States, South Africa, and Japan. ... More


Divided Loyalties: Natal Families and the Exercise of Patrilineal Authority

Janet M. Theiss

in Disgraceful Matters: The Politics of Chastity in Eighteenth-Century China

Published in print:
2005
Published Online:
March 2012
ISBN:
9780520240339
eISBN:
9780520930667
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520240339.003.0007
Subject:
History, Asian History

Questions about the nature of patriarchal authority, who had the right to exercise it, and its relationship to the enforcement and defense of women's virtue were contested more indirectly in ... More


Natural Law and Positive Law

ROBERT P. GEORGE

in In Defense of Natural Law

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198267713
eISBN:
9780191683343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267713.003.0006
Subject:
Law, Philosophy of Law

This chapter explores the implications of the theory for the scope and limits of judicial authority. It is often supposed that belief in an objective moral law entails the proposition that judges ... More


Judicial Power to Command

Robert A. Burt

Frank Iacobucci (ed.)

in Justice and Empathy: Toward a Constitutional Ideal

Published in print:
2017
Published Online:
May 2018
ISBN:
9780300224269
eISBN:
9780300231854
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300224269.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter talks about the judicial and moral authority of the Supreme Court. The Supreme Court may have formal hierarchic authority to interpret the Constitution, but its actual power to enforce ... More


Hierarchical Authority in German Constitutional Law: the Constitutional Court between Law and Politics

Michaela Hailbronner

in Traditions and Transformations: The Rise of German Constitutionalism

Published in print:
2015
Published Online:
December 2015
ISBN:
9780198735427
eISBN:
9780191799587
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735427.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter takes a closer look at the foundations of judicial authority in German legal culture. German law shares in the long-standing continental European understanding of law as a science and ... More


The Judiciary under Pressure

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0017
Subject:
Law, Constitutional and Administrative Law

This chapter describes the government's pressures on judicial authority in two great cases — the attempt to overturn the ‘basic structure’ doctrine — and the transfer of high court judges. Prime ... More


Shi‘i Leadership and America

Liyakat Nathani Takim

in Shi'ism in America

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814782965
eISBN:
9780814784242
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814782965.003.0005
Subject:
Religion, Religion and Society

An important aspect of American Shiʻism is how members of the community have drawn upon their religious leaders, who are based in the Middle East, to shape and guide their religious and ... More


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