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Wearing Two Hats: Judges and Nonjudicial Functions

Nuno Garoupa and Tom Ginsburg

in Judicial Reputation: A Comparative Theory

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226290591
eISBN:
9780226290621
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226290621.003.0004
Subject:
Law, Comparative Law

One of the interesting and understudied phenomena in comparative judicial studies concerns the roles judges play in exercising non-judicial functions. In recent years, judges have led commissions of ... More


Three Wearing Two Hats: Judges and Nonjudicial Functions

Nuno Garoupa and Tom Ginsburg

in Judicial Reputation: A Comparative Theory

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226290591
eISBN:
9780226290621
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226290621.003.0004
Subject:
Law, Comparative Law

One of the interesting and understudied phenomena in comparative judicial studies concerns the roles judges play in exercising non-judicial functions. In recent years, judges have led commissions of ... More


In Whose Name?: A Public Law Theory of International Adjudication

Armin von Bogdandy and Ingo Venzke

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198717461
eISBN:
9780191787034
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717461.001.0001
Subject:
Law, Public International Law, Comparative Law

Roughly 90% of all international judicial decisions have been issued after 1990. The increasing activity of international courts over the past two decades is one of the most significant developments ... More


The Essential Judicial Function and the International Legal System

Gleider I Hernández

in The International Court of Justice and the Judicial Function

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199646630
eISBN:
9780191747854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646630.003.0008
Subject:
Law, Public International Law, Legal Profession and Ethics

This Chapter reflects on the question of whether international law can be considered a true system. Examining in particular the question of whether ‘gaps’ exist within the international legal order, ... More


Parliament and the Law1

A. Mark Godfrey

in Parliament in Context, 1235–1707

Published in print:
2010
Published Online:
September 2012
ISBN:
9780748614868
eISBN:
9780748672233
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748614868.003.0006
Subject:
History, British and Irish Medieval History

This chapter considers parliament's role as a lawmaker, and shows how it evolved from a body in the fifteenth century that was as much concerned with judicial business as it was with legislation, ... More


The International Court of Justice and the Judicial Function

Gleider I Hernández

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199646630
eISBN:
9780191747854
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646630.001.0001
Subject:
Law, Public International Law, Legal Profession and Ethics

The ascertainment by a court of a principle of law has a constitutive, and not merely a declaratory character. Accordingly, the judicial function plays an important role in the safeguarding of the ... More


Equal Justice and Due Process of Law

T.R.S. ALLAN

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0005
Subject:
Law, Constitutional and Administrative Law

The principles of equality and due process lie at the heart of the rule of law, when interpreted as an ideal of constitutionalism, based on each citizen's equal dignity. The meaning of the rule of ... More


The Social Context of County Judicial Functions

in Trial of Modernity: Judicial Reform in Early Twentieth-Century China, 1901-1937

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804755863
eISBN:
9780804779500
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804755863.003.0007
Subject:
Law, Legal History

This chapter explores the county judiciary in Jiangsu. It first examines the making and unmaking of courts in the counties during the period 1911–1914 to show local elites' demands for and anxieties ... More


Agenda and Objectives

Armin von Bogdandy and Ingo Venzke

in In Whose Name?: A Public Law Theory of International Adjudication

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198717461
eISBN:
9780191787034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717461.003.0001
Subject:
Law, Public International Law, Comparative Law

This introductory chapter frames the problem with a number of illustrative examples and with the three core concepts that carry the book’s argument. It starts to show how international courts and ... More


Open Remedies in Human Rights Adjudication

Aruna Sathanapally

in Beyond Disagreement: Open Remedies in Human Rights Adjudication

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199669301
eISBN:
9780191744648
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669301.003.0002
Subject:
Law, Human Rights and Immigration

Chapter 1 introduces the approach referred to as ‘open remedies’ in human rights adjudication, distinguishing between the broader concept of weak-form human rights review and open remedies. Open ... More


Normative Authority and the Adherence to Precedent by the Court

Gleider I Hernández

in The International Court of Justice and the Judicial Function

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199646630
eISBN:
9780191747854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646630.003.0006
Subject:
Law, Public International Law, Legal Profession and Ethics

Using as a starting-point the series of cases involving Yugoslavia throughout the 1990s–2000s, this Chapter examines the Court's public declaration that it will adhere to a relatively strict rule of ... More


Internationalized Criminal Courts and Tribunals: Are They Necessary?

Luigi Condorelli and Théo Boutruche

in Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo, and Cambodia

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199276745
eISBN:
9780191707650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276745.003.0020
Subject:
Law, Public International Law

This chapter examines whether internationalized criminal courts and tribunals are necessary or, at least, useful. In particular, it analyses whether they are a model to be reproduced, or a ... More


A Reluctant Guardian: The Court and the Concept of ‘International Community’

Gleider I Hernández

in The International Court of Justice and the Judicial Function

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199646630
eISBN:
9780191747854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646630.003.0007
Subject:
Law, Public International Law, Legal Profession and Ethics

The concept of ‘international community’, nebulously defined, has the potential to generate specific and far-reaching legal effects. This Chapter examines whether the understanding of the judicial ... More


Beyond Legalization: Final Thoughts

Gleider I Hernández

in The International Court of Justice and the Judicial Function

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199646630
eISBN:
9780191747854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646630.003.0009
Subject:
Law, Public International Law, Legal Profession and Ethics

In this final Chapter, a number of further reflections are advanced. First, the idea that constitutionalization as a valid descriptive framework is rejected for its lack of concordance with reality; ... More


Interpretative Authority and the International Judiciary

Gleider Hernández

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0008
Subject:
Law, Public International Law, Constitutional and Administrative Law

Without a clear delineation of their competences, the indeterminacy latent in international law opens up a powerful normative function for international courts with respect to the interpretation and ... More


The International Judiciary

John H. Barton

in International Law and the Future of Freedom

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804776691
eISBN:
9780804791083
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804776691.003.0008
Subject:
Law, Public International Law

This chapter explores the institutions and institutional changes needed to meet human rights demands, focusing on the international judiciary. It first examines the role of the judiciary in the ... More


On the International Judicial Function

Gleider I Hernández

in The International Court of Justice and the Judicial Function

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199646630
eISBN:
9780191747854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646630.003.0001
Subject:
Law, Public International Law, Legal Profession and Ethics

This introduction sets out the central premises of the book and the reasons why the Court is of interest for scholarship. It makes a caveat as to the use of the term ‘State-centric’ in the book, and ... More


The Quasi-Judicial Function in Recognition of States and Governments (1952)

C. H. Alexandrowicz

in The Law of Nations in Global History

Published in print:
2017
Published Online:
May 2017
ISBN:
9780198766070
eISBN:
9780191820649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766070.003.0026
Subject:
Law, Public International Law, Legal History

This chapter discusses whether the legal element in recognition can be identified with the quasi-judicial function, and whether the latter is performed by the recognizing state in the same way as it ... More


The UN Secretary-General and the Advisory Opinion

Mathias Forteau

in The Law and Politics of the Kosovo Advisory Opinion

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198717515
eISBN:
9780191787058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717515.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

The UN Secretary-General acted in two different capacities in the Kosovo case. Since 1999, he has been supervising the United Nations Interim Administration Mission in Kosovo and has appointed ... More


Comment and Analysis: Juridical Insights into the Protection of Community Interests through Provisional Measures: Reflections on the ITLOS Jurisprudence

Yoshifumi Tanaka

in The Global Community Yearbook of International Law and Jurisprudence 2014: Volume I

Published in print:
2015
Published Online:
October 2015
ISBN:
9780190270513
eISBN:
9780190271909
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190270513.003.0012
Subject:
Law, Public International Law

With the emergence of the concept of community interests, it appears that international law is entering into a new stage of its development. In this regard, an issue arises whether and to what extent ... More


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