Search Results for law-and-judicial-duty

The book is essential reading for anyone concerned about the proper role of the judiciary.

Author: Philip HAMBURGER

Publisher: Harvard University Press

ISBN: 9780674038196

Category: Law

Page: 704

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Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
2009-06-30 By Philip HAMBURGER

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ISBN: 8175349611

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2010 By

Author: Nelson Lund

Publisher:

ISBN: OCLC:609412818

Category: Constitutional law

Page: 28

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2009 By Nelson Lund

This is sure to be controversial in an age in which critics already excoriate judges for excessive activism when conducting constitutional judicial review. Edlin's challenge to conventional views is bold and compelling.

Author: Douglas E. Edlin

Publisher: University of Michigan Press

ISBN: 9780472116621

Category: Law

Page: 321

View: 655

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"With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageous laws, and a legal obligation on them to overturn it, consequent on the general common law obligation to develop the law. Thus, seriously unjust laws pose for common law judges a dilemma within the law, not just a moral challenge to the law, a conflict of obligations, not just a crisis of conscience. While rooted firmly in the history of common law jurisprudence, Edlin offers an entirely fresh perspective on an age-old jurisprudential conundrum. Edlin's case for his thesis is compelling." ---Gerald J. Postema, Cary C. Boshamer Professor of Philosophy and Professor of Law, University of North Carolina at Chapel Hill, and author of Bentham and the Common Law Tradition "Douglas Edlin builds a powerful historical, conceptual, and moral case for the proposition that judges on common law grounds should refuse to enforce unjust legislation. This is sure to be controversial in an age in which critics already excoriate judges for excessive activism when conducting constitutional judicial review. Edlin's challenge to conventional views is bold and compelling." ---Brian Z. Tamanaha, Chief Judge Benjamin N. Cardozo Professor of Law, St. John's University, and author of Law as a Means to an End: Threat to the Rule of Law "Professor Edlin's fascinating and well-researched distinction between constitutional review and common law review should influence substantially both scholarship on the history of judicial power in the United States and contemporary jurisprudential debates on the appropriate use of that power." ---Mark Graber, Professor of Law and Government, University of Maryland, and author of Dred Scott and the Problem of Constitutional Evil Is a judge legally obligated to enforce an unjust law? In Judges and Unjust Laws, Douglas E. Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority---perhaps even the obligation---to refuse to enforce laws that they determine unjust. As Edlin demonstrates, exploring the problems posed by unjust laws helps to illuminate the institutional role and responsibilities of common law judges. Douglas E. Edlin is Associate Professor of Political Science at Dickinson College.

This book offers an original theory of adjudication focused on the ethics of judging in courts of law.

Author: Steven J. Burton

Publisher: Cambridge University Press

ISBN: 0521477409

Category: Law

Page: 292

View: 677

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This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.
1994-11-25 By Steven J. Burton

Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review.

Author: Jonathan Auburn

Publisher: OUP Oxford

ISBN: 9780191665721

Category: Law

Page: 1056

View: 611

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Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review. Written by three experienced practitioners, Judicial Review: Principles and Procedure includes chapters on the most common grounds for bringing a claim, such as procedural fairness and irrationality, but also covers emerging grounds such as delay on the part of public bodies and error of fact. In addition, the authors provide a separate, detailed treatment of areas such as administrative policies and the public sector equality duty. Each element of this complex area of law is carefully broken down to ensure that answers are always easy to find and, where the law is in doubt, the dispute is concisely stated and the view most likely to be preferred by the courts is expressed. The book analyses in detail the issues that are likely to arise in practice, with thorough and up-to-date reference to case law throughout. It incorporates the jurisprudence arising out of the Human Rights Act 1998, providing practitioners with a complete yet practical treatment of each relevant topic. The book contains comprehensive coverage of procedural matters in each stage of a claim, from pre-action to costs, and includes a chapter on European Union law from Marie Demetriou QC of Brick Court Chambers, providing a uniquely full treatment of all the issues which might be encountered in practice.
2013-03-21 By Jonathan Auburn

Development of the Law A. The Retreat from Judicial Responsibility In addressing shareholder challenges to defensive tactics taken during a hostile takeover, courts have looked to the common law duties, of care and loyalty imposed on ...

Author:

Publisher:

ISBN: UCAL:B5103024

Category: Law reviews

Page: 800

View: 159

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1984 By

The judicial duties of a judge take precedence over all the judge's other activities . The judge's judicial duties include all the duties of the judge's office prescribed by law * . In the performance of these duties , the following ...

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ISBN: IND:30000043879232

Category: Law

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1993 By

Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.

Author: Philip Hamburger

Publisher: Harvard University Press

ISBN: 9780674258235

Category: Law

Page: 320

View: 281

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From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
2021-09-07 By Philip Hamburger

Law. Executive agencies are able to coerce individuals and groups into consent decrees precisely because they promise ... 66 Over a number of decades, modern historians and legal academics have misconstrued exercises of judicial duty in ...

Author: Bruce P. Frohnen

Publisher: Harvard University Press

ISBN: 9780674088870

Category: Law

Page: 293

View: 532

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Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
2016-06-13 By Bruce P. Frohnen