Law And Judicial Duty

Author: Philip HAMBURGER
Publisher: Harvard University Press
ISBN: 0674038193
Size: 27.68 MB
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The book is essential reading for anyone concerned about the proper role of the judiciary.

Prescriptive Legal Positivism

Author: Tom Campbell
Publisher: Psychology Press
ISBN: 9781844720231
Size: 62.35 MB
Format: PDF
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It is, or should be, primarily about fidelity to law. However, law-abidingness in
judicial method is not the standard fare of judicial ethics codes and handbooks,
which tend to concentrate on pointing out that judicial officers should not publicly
support political causes, just as they should not frequent hotel bars, or fall asleep
on the bench. These matters are of some importance, but this is largely because
they relate to more fundamental judicial matters, in particular, to the judicial duty
to 'do ...

The Will Of The People

Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
ISBN: 9781429989954
Size: 67.64 MB
Format: PDF
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3. “Another 5–4 Conservative Decision,” N.Y. Daily News, June 2, 1936, quoted
in Marian C. McKenna, Franklin Roosevelt and the Great Constitutional War (
2002), 214. 4. “Court Plan Backed by Clothing Union,” N.Y. Times, Feb. 20, 1937,
at 4. 5. The events summarized here are described in Chapter 1, infra. For an
outstanding discussion of the precursors of judicial review, see Philip Hamburger
, Law and Judicial Duty (2008); Philip Hamburger, “Law and Judicial Duty,” Geo.

The Rule Of Law

Author: Ian Shapiro
Publisher: NYU Press
ISBN: 9780814780244
Size: 64.12 MB
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The legal reasons alternative is a different story. It understands the judicial duty to
uphold the law to require judges to act on reasons provided by the law, and not
on other reasons, even when exercising discretion. The legal reasons alternative
fits easily within a conception of the law as a provider of legal reasons. It
consequently fits easily within a conception of the rule of law that understands the
law in this way. In principle, judicial discretion can be reconciled with the rule of
law ...

Tea Party Patriots

Author: Mark Meckler
Publisher: Henry Holt and Company
ISBN: 142994269X
Size: 65.93 MB
Format: PDF, Mobi
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dition of judicial integrity that had developed in Great Britain over the course of
many centuries. That tradition placed a heavy emphasis on the judicial duty to
follow the law in every case, even when the judge considered the law unjust or ill
-advised. British and American courts celebrated and vigorously defended a
judicial ideal that required judges to apply the law, and only the law, in every
judicial decision. Judges recognized that this is a lot harder than it may seem. It is
not always ...

The Administrative Threat

Author: Philip Hamburger
Publisher: Encounter Books
ISBN: 159403950X
Size: 49.68 MB
Format: PDF
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Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence.

Deference In International Courts And Tribunals

Author: Lukasz Gruszczynski
Publisher: OUP Oxford
ISBN: 0191026506
Size: 71.99 MB
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10Cf Philip Hamburger, Law and Judicial Duty (Cambridge, MA: Harvard
University Press, 2008). The historical division between common law courts and
equity courts in England (where the Court of Chancery provided additional
remedies in certain situations if the common law courts failed to do so) illustrates
the longstanding claim by theories of justice (eg Aristotle, Nicomachean Ethics (
Indianapolis: Hackett Publishing, 1999), at 1137b– 1138a) that equitable
interpretation and ...

Shared Authority

Author: Dimitrios Kyritsis
Publisher: Bloomsbury Publishing
ISBN: 1782255109
Size: 37.16 MB
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ccordIng to InterpretIve theories of law, the content of the law is determined by the
principles of political morality that best fit and justify institutional history; we have
a legal right or duty if it is morally justified in the relevant sense that we do. the ...
Among the principles of political morality that will bear on the determination of
judicial duty there are those, principles of institutional design as I called them,
that direct judges to give weight to the acts and decisions of the legislature, even
when ...