Download or read book Decision Making in the Supreme Court of India written by Vijay Kumar Gupta and published by Kaveri Books. This book was released on 1995 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Work Offers A Quantitative Analysis Of The Indian Supreme Court S Decision-Making Process Adopting A Methodology Which Is Unorthodox As Well As Innovative In The Field Of Judicial Research In India. It Is Unorthodox In The Sense That It Makes A Complete Departure From The Mainstream Writings Of The Common Law Traditions And Shifts Its Focus From What The Judges Say In Their Opinions To What Do They Do By Casting Their Votes In Favour Or Against The Parties Involved In The Controversies Before Them. The Methodology Is Innovative To The Extent That For The First Time The Individual Judges Decision Making Behaviour Has Been Subjected To A Rigorous Quantitative Analysis In The Overall Institutional Context. The Book Examines A Whole Range Of Factors Which Go As Essential Input Into The Supreme Court S Decision Making Process. Several Assumptions Relating To The Appointment Of Judges In The Court, The Chief Justice And His Leadership Role, The Business Environment, The Structural Arrangement Of Its Decision-Making Function, The Nature Of Agreement And Disagreement Among The Judges On The Decision Making Panels And The Value Orientation Of Judges Have Been Subjected To Close Scrutiny With A View To Provide An Understanding Of How The Decision-Makers In The Apex Court Go About Making Decisions Which Are Not Only Of Great Significance For The Immediate Parties Involved But At Times May Have Far Reaching Consequences For A Large Number Of Groups And Sections Of The Indian Society. Chapter 1: Jurimetrics: A Note On Methodology; Part I- The Decision Makers; Chapter 2: Appointment Of The Chief Justice Of India; Chapter 3: Selection And Appointment Of Judges; Part Ii- Institutional Environment; Chapter 4: Business Of The Court; Chapter 5: Structure Of Decision Making; Part Iii- Voting Behaviour; Chapter 6: Nature Of Participation: Dissent, Concurrence And Unanimity; Chapter 7: Attitudes And Value Orientations; Part Iv- Conclusion; Chapter 8: Conclusion.

Download or read book Judicial Behaviour and Decision Making of the Supreme Court of India written by Manas Chakrabarty and published by . This book was released on 2000 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Supreme Court of India written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Values in the Supreme Court written by Rachel Cahill-O'Callaghan and published by Hart Publishing. This book was released on 2021-08-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin's hard cases 'in which the result is not clearly dictated by statute or precedent'. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.

Download or read book Commitment and Cooperation on High Courts written by Benjamin Alarie and published by Oxford University Press. This book was released on 2017-07-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.

Download or read book Deciding to Decide written by H. W. Perry and published by Harvard University Press. This book was released on 2009-06-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

Download or read book Comparative Judicial Behavior written by Glendon A. Schubert and published by . This book was released on 1969 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Rationing the Constitution written by Andrew Coan and published by . This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--

Download or read book Decision making in a Democracy written by and published by . This book was released on 1958 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Friends of the Supreme Court Interest Groups and Judicial Decision Making written by Paul M. Collins, Jr. and published by Oxford University Press. This book was released on 2008-08-15 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.

Download or read book Supreme Court written by and published by . This book was released on 1976 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Principled Decision making and the Supreme Court written by Martin Philip Golding and published by . This book was released on 1963 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Qualified Hope written by Gerald N. Rosenberg and published by Cambridge University Press. This book was released on 2019-08-29 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.

Download or read book Decision Making by the Modern Supreme Court written by Richard L. Pacelle and published by . This book was released on 2014-05-14 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advances an integrated model of Supreme Court decision making that incorporates variables from the models of Supreme Court decision making.

Download or read book The Variable Power of Courts written by Manoj S. Mate and published by . This book was released on 2010 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation analyzed the extraordinary expansion of the power of the Supreme Court of India from 1967 to 2007, through close study of the Court's politically significant decisions in the areas of fundamental rights and governance. During this period, the justices of the Supreme Court India shifted toward greater activism in constitutional interpretation, and toward heightened, albeit selective, assertiveness, and greater authority, in challenging the exercise of Central Government power. Referencing existing public law theories, this study sought to provide an explanatory account of this shift by analyzing both the motives that drove judicial activism and assertiveness and the opportunity structure for judicial power. The interaction of these two factors are examined through close analysis of the Court's decision-making in politically significant rights and governance decisions, through field interviews with retired judges, legal scholars and other experts on the Court, and through analysis of news editorial coverage of these decisions. To understand the expansion of the power of the Indian Court, this study looks both within the Court, highlighting the sources of the judges' institutional values and policy worldviews, and outside the Court to understand how the broader political, and professional and intellectual elite environment, both shaped and constrained the assertiveness and authority of the Court. I argue that the Court's shift toward activism, selective assertiveness, and greater authority in rights can most adequately be explained by the thesis of "elite institutionalism." According to the thesis of elite institutionalism, the unique institutional environment and intellectual atmosphere of the Court shapes the institutional perspectives and policy worldviews that drove activism and selective assertiveness in rights and governance decisions. I found that the identity of judges as members of the Supreme Court and judicial branch, and their professional alignment with the Court as an institution was a source of the judges' values and motivations in key decisions. Indeed, much of the Court's activism and assertiveness was driven by the judges' desire to protect constitutionalism and fundamental rights and the Court's role in protecting both, and later, a drive in the post-Emergency era to build popular support to bolster the Court's legitimacy. This is in line with "historical new institutionalist" scholarship (e.g. Gillman 1993) that suggests that judges may be motivated by a unique "institutional mission" that flows from their membership and identification with the judicial branch (see Gillman 1993; Keck 2008). Elite institutionalism, however, differs from existing institutionalist theories by situating judicial decision-making within the larger intellectual milieu and context of Indian judging. I argued in this study that judges' institutional mission or outlook/identity is a subset or part of a judges' overall intellectual identity and worldviews, which judges tend to share with professional and intellectual elites in India. The Indian judiciary--the judges of the Indian Supreme Court and High Courts--reflect the broader ethos of professional and intellectual elite opinion nationally. I contend that the justices of the Court were part of, and influenced by broader elite "meta-regimes"--The collective values or currents of professional and intellectual elite opinion on a set of constitutional or political issues. In the pre-Emergency period, the Court's basic structure doctrine decisions were shaped and influenced by the meta-regime of "constitutionalism." In the area of fundamental rights, shifts in the Court's activism and selective assertiveness in fundamental rights cases in the post-Emergency era (1977-2007) reflected a broader shift from influence of the meta-regime of "liberal democracy" to that of "liberal reform. In the area of governance, I suggest that broader shifts in the Court's activism and selective assertiveness reflected a shift from the meta-regime of social justice, to liberal reform. The study also illustrates how the thesis of elite institutionalism helps complement and broaden the strategic model of the political opportunity structure. In the post-Emergency era, and in particular, in the post-1990 period, the Court's authority was bolstered by stronger levels of intellectual and professional elite opinion, and national public support. This was because political regimes in the post-1990 era perceived that the Court had higher levels of public support vis-à-vis the Executive and Parliament (as illustrated by elite news coverage of the Court's decisions, and news coverage of public reactions and debate within Parliament and among ministers in the Executive branch). Political regimes in this era were reluctant to attack or resist the Court's assertive judicial decisions in rights and governance cases, because of public support for the Court's relative effectiveness in ameliorating governance failures. The Court's strong level of authority, then, was not only a result of the weakening of political institutions at the Central Government level. In addition, the Court's authority has been bolstered by the elite media and leaders of the Indian Bar who have played a crucial role in framing and shaping public perception of the Court's activist and assertive decisions. Media elites, and other governance constituencies such as the Bar, policy groups, court-appointed commissions, and opposition parties in the Central Government, have continued to play a crucial role as a powerful ally and advocate for the Court's activism and selective assertiveness in fundamental rights decisions. This is reflected in the strong levels of support in national newspapers' editorial coverage of most of the Court's assertive and deferential decisions in the post-1990 period. The national news media, the Bar, and opposition political parties have thus emerged as "watchdogs" (see Vanberg 2001; Staton 2002) that enable other elites, and the national public to monitor the Central Government's compliance with the Court's decisions in the area of fundamental rights. The thesis of elite institutionalism illustrates how the media and legal elites, and governance constituencies, can help constrain political actors and bolster the authority of courts, by closely scrutinizing government policies for compliance with the rule of law and constitutional norms.

Download or read book A Model for Supreme Court Decision Making written by Todd B. Castleton and published by . This book was released on 1993 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Public Papers of the Presidents of the United States Dwight D Eisenhower 1959 written by and published by Government Printing Office. This book was released on 1999-06 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spine title reads: Public Papers of the Presidents, Dwight D. Eisenhower, 1959. Contains public messages and statements of the President of the United States released by the White House from January 1-December 31, 1959. Also includes appendices and an index. Item 574-A. Related items: Public Papers of the Presidents collection can be found here: https://bookstore.gpo.gov/catalog/public-papers-presidents