The Politics Of Court Reform

Author : Melissa Crouch
Publisher : Cambridge University Press
ISBN 13 : 1108493467
Total Pages : 449 pages
Book Rating : 4.68/5 ( download)

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Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2019-09-19 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.

Author : Melissa Crouch
Publisher : Cambridge University Press
ISBN 13 : 9781108737081
Total Pages : 447 pages
Book Rating : 4.80/5 ( download)

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Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2021-05-20 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.

Author : Philip L. Dubois
Publisher : Lexington Books
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.15/5 ( download)

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Download or read book The Politics of Judicial Reform written by Philip L. Dubois and published by Lexington Books. This book was released on 1982 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Malcolm M. Feeley
Publisher : Quid Pro Books
ISBN 13 : 161027203X
Total Pages : 224 pages
Book Rating : 4.32/5 ( download)

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Download or read book Court Reform on Trial written by Malcolm M. Feeley and published by Quid Pro Books. This book was released on 2013-07-19 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: COURT REFORM ON TRIAL is a recognized study of innovation in the process of criminal justice, and why it so often fails--despite the best intentions of judges, administrators, and reformers. The arc of innovation and disappointment is analyzed through such programs as bail reform, pretrial diversion, speedy trials, and determinate sentencing. The much-maligned system of plea bargaining shifts power to prosecutors away from judges, and formal trials recede in importance--but is that really the problem? Perhaps failure lies in unrealistic expectations, splintered systems and decisionmaking, waning political will, unempowered constituencies, and reformers' hubris. Feeley analyzes the persistent failure and proposes insightful pathways out of the cycle. First commissioned as a study in the influential Twentieth Century Fund series, the book is accessible for today's readers as part of the Classics of Law & Society series of Quid Pro Books. It adds a reflective preface by the author and a new foreword by Greg Berman, Executive Director of the Center for Court Innovation. Calling it an "intellectual touchstone" that's "brimming with energy not resignation," Berman writes that the book "has all of the hallmarks of Feeley's best work. Lucid prose. Idiosyncratic analysis. A willingness to speak truth to vested interests. And a commitment to describing the way the world actually works from a ground-level perspective--as opposed to the official versions of how systems theoretically should function." New ebook edition features active TOC, linked Notes, and proper formatting in a modern digital presentation.

Author : Matthew C. Ingram
Publisher : Cambridge University Press
ISBN 13 : 1316425401
Total Pages : 393 pages
Book Rating : 4.04/5 ( download)

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Download or read book Crafting Courts in New Democracies written by Matthew C. Ingram and published by Cambridge University Press. This book was released on 2015-11-19 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of Latin American courts in facilitating democracy and economic liberalization is considerable. But while national 'high courts' have been closely studied, the form, function, and empowerment of local courts are still not well understood. In Crafting Courts in New Democracies, Matthew C. Ingram fills this gap by examining the varying strength of local judicial institutions in Brazil and Mexico since the 1980s. Combining statistical analysis and in-depth qualitative research, Ingram offers a rich account of the politics that shape subnational court reform in the region's two largest democracies. In contrast to previous studies, theoretical emphasis is given to the influence of political ideas over the traditional focus on objective, material incentives. Exhaustively researched and rigorously presented, this book will appeal to scholars and policymakers interested in the judiciary, institutional change, Latin America, the causal role of ideas, justice reform, and the rule of law.

Author : Herbert M. Kritzer
Publisher : Cambridge University Press
ISBN 13 : 1108496334
Total Pages : 401 pages
Book Rating : 4.39/5 ( download)

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Download or read book Judicial Selection in the States written by Herbert M. Kritzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do legal professionalism and politics influence efforts to structure the process of selecting and retaining state judges?

Author : Andrea Castagnola
Publisher : Routledge
ISBN 13 : 1315520591
Total Pages : 190 pages
Book Rating : 4.99/5 ( download)

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Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

Author : Stephen Breyer
Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.61/5 ( download)

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Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Author : Ilya Shapiro
Publisher : Simon and Schuster
ISBN 13 : 1684510724
Total Pages : 256 pages
Book Rating : 4.26/5 ( download)

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Download or read book Supreme Disorder written by Ilya Shapiro and published by Simon and Schuster. This book was released on 2020-09-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.

Author : Robert W. Tobin
Publisher : iUniverse
ISBN 13 : 0595322778
Total Pages : 0 pages
Book Rating : 4.70/5 ( download)

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Download or read book Creating the Judicial Branch written by Robert W. Tobin and published by iUniverse. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One thing is clear. Courts came alive in the twentieth century and made changes that could not have been envisioned as late as World War II." From Chapter 6 Creating the Judicial Branch: The Unfinished Reform describes and assesses a recent historical phenomenon, the creation of administratively and organizationally coherent judicial systems within state government. Before 1950, the state judicial branch of government existed mostly in concept, not in operational reality. After 1950, state judges, the organized bar, and many students of the judiciary took a hard look at the way state courts were organized and managed. They concluded that state courts, particularly the trial courts, were externally dominated, highly disorganized, often unprofessional, and poorly managed, to the point where the integrity of the state courts was being seriously undermined. State after state initiated court reforms and brought about many remarkable improvements. Courts were caught up in a reform wave that swept all three branches of state government but took a unique form in the courts. Unlike the executive and legislative branches, the state courts were not simply seizing management control of their own domain but literally creating a third branch of government. They sought this objective by integrating the various components of the state judiciary into a more coherent whole and generally upgrading the level of professionalism and the quality of justice.