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Judicial Activism and New Zealand's Appellate Courts

Bruce Harris

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/9780199213290.003.0007
Subject:
Law, Public International Law, EU Law

This chapter examines ‘judicial creativity’ in New Zealand's appellate courts. It argues that judicial creativity is a natural and vital part of how the three branches of government work together to ... More


Judicial Creativity at the International Criminal Tribunals

Shane Darcy and Joseph Powderly (eds)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

As the International Criminal Tribunals for the former Yugoslavia and Rwanda enter the final phase of their work, it is an appropriate time to reflect on the significant contribution that these ... More


Judicial Creativity and Joint Criminal Enterprise

Mohamed Shahabuddeen

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the theory of joint criminal enterprise as a form of criminal liability before the ad hoc Tribunals. It provides a comparative analysis of the competing doctrines of joint ... More


Introduction: The International Criminal Tribunals and the Judicial Development of International Criminal Law

Shane Darcy and Joseph Powderly

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter sets the foundations for the ensuing discussion of the role of judicial creativity in the development of core aspects of international criminal law as evidenced in the ... More


The Reinvention of War Crimes by the International Criminal Tribunals

Shane Darcy

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores how judicial creativity at the ad hoc Tribunals has led to a reinvention of the law of war crimes, arguably the most far-reaching jurisprudential contribution of the Tribunals. ... More


General Principles of Law, Judicial Creativity, and the Development of International Criminal Law

Fabián O Raimondo

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the manner in which the ad hoc International Criminal Tribunals have utilized general principles of law in filling substantive and procedural legal gaps. While general ... More


Procedural Lawmaking at the International Criminal Tribunals

Göran Sluiter

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0014
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the role played by the judges in creating the procedural rules which govern the functioning of the ad hoc Tribunals. Noting that the bench had been tasked with devising its own ... More


Trying Cases at the International Criminal Tribunals in the Absence of the Accused?

Håkan Friman

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0015
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter addresses the judicial treatment of procedural rules at the bench through the lens of in absentia trials and the substitute Rule 61 procedure developed by the ad hoc Tribunals. It ... More


The Principle of Legality at the Crossroads of Human Rights and International Criminal Law

Shane Darcy

in Arcs of Global Justice: Essays in Honour of William A. Schabas

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190272654
eISBN:
9780190272685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190272654.003.0012
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter explores the treatment of the principle of legality in international criminal law, in particular the rule against ex post facto application of criminal laws, as enshrined in human rights ... More


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