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Book Supreme Courts Under Pressure

    Book Details:
  • Author : Pablo Bravo-Hurtado
  • Publisher : Springer Nature
  • Release : 2021-03-13
  • ISBN : 303063731X
  • Pages : 232 pages

Download or read book Supreme Courts Under Pressure written by Pablo Bravo-Hurtado and published by Springer Nature. This book was released on 2021-03-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court’s judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.

Book Supreme Courts in Transition in China and the West

Download or read book Supreme Courts in Transition in China and the West written by Cornelis Hendrik (Remco) van Rhee and published by Springer. This book was released on 2017-02-20 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.

Book Case Law in Roman  Anglosaxon and Continental Law

Download or read book Case Law in Roman Anglosaxon and Continental Law written by Mar a Jos Falc N y Tella and published by Martinus Nijhoff Publishers. This book was released on 2011-08-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no one definition of case law, but rather a plurality of meanings. In this respect, after an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction.

Book Elihu Root Collection of United States Documents

Download or read book Elihu Root Collection of United States Documents written by and published by . This book was released on 1895 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Latin American Commercial Law

Download or read book Latin American Commercial Law written by Toribio Esquivel Obregón and published by . This book was released on 1921 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Catalog

    Book Details:
  • Author : University of Texas. Library. Latin American Collection
  • Publisher :
  • Release : 1969
  • ISBN :
  • Pages : 762 pages

Download or read book Catalog written by University of Texas. Library. Latin American Collection and published by . This book was released on 1969 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Inter American Yearbook on Human Rights   Anuario Interamericano de Derechos Humanos  Volume 33  2017

Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 33 2017 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-11-07 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The civil rights injunction for the protection of fundamental rights

Download or read book The civil rights injunction for the protection of fundamental rights written by Allan R. Brewer Carias and published by Ediciones Olejnik. This book was released on 2023-11-24 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book on The Civil Rights Injunction for the protection of Funda-mental Rights. The Latin American «Amparo» Proceeding, is the original version of the text I wrote for the Couse of Lectures I gave, as Adjunct Professor of Law, on a Seminar on Judicial Protection of Fundamental Rights in Latin America: the Amparo Proceeding, at the Columbia Law School in New York, University of Columbia, during the years 2006-2008. The Seminar was intended to examine the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the “amparo” suit, action or recourse– including the old habeas corpus writ and the new habeas data actions or recourses. By means of a comparative constitutional law approach, also with reference to the United States civil rights injunctions, the Course analyzed this Latin American institution departing from the regulation of the “amparo” guarantee established in Article 25 of the 1969 American Convention of Human Rights which entered into force in 1978 after being ratified by all Latin American States. The amparo suit or proceeding is not only an effective judicial means for the restoration of the injured constitutional rights that has been harmed, similar to the reparative or restorative civil rights injunctions in the United States, but it is also the effective judicial means for the protection of such rights and guaranties when threatened to be violated or harmed. This latter amparo suit is then similar to the preventive civil rights injunctions in the United States; “preventive” in the sense of avoiding harm; which, in this case, “seeks to prohibit some discrete act or series of acts from occurring in the future”, and is designed “to avoid future harm to a party by prohibiting or mandating certain behavior to another party”. From this point of view, thus, in a constitutional comparative law approach, the Latin American amparo action or proceeding, is a judicial remedy similar to the civil rights injunctions (restorative or preventive) in the United States". Allan R. Brewer Carías.

Book Inter American Yearbook on Human Rights   Anuario Interamericano de Derechos Humanos  Volume 21  2005

Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 21 2005 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-09-12 with total page 1507 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Inter-American Yearbook on Human Rights covers the year 2005 and is organized along the same lines as its predecessors. Part One provides general information concerning the Inter-American Commission on Human Rights, and Part Two contains information concerning the Inter-American Court of Human Rights. The print edition is available as a set of two volumes (9789004186941).

Book

    Book Details:
  • Author :
  • Publisher : Bib. Orton IICA / CATIE
  • Release :
  • ISBN :
  • Pages : 284 pages

Download or read book written by and published by Bib. Orton IICA / CATIE. This book was released on with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book G K  Hall Bibliographic Guide to Latin American Studies

Download or read book G K Hall Bibliographic Guide to Latin American Studies written by Benson Latin American Collection and published by . This book was released on 1999 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book A Guide to the Law and Legal Literature of Chile  1917 1946

Download or read book A Guide to the Law and Legal Literature of Chile 1917 1946 written by Helen Lord Clagett and published by . This book was released on 1947 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended as a supplement to: Guide to the law and legal literature of Argentina, Brazil and Chile / Edwin M. Borchard. G.P.O., 1917.

Book Inter American Yearbook on Human Rights   Anuario Interamericano de Derechos Humanos  Volume 26  2010   2 VOLUME SET

Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 26 2010 2 VOLUME SET written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2021-12-06 with total page 1013 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Yearbook aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of human rights.

Book The civil law

    Book Details:
  • Author : Joseph Wheless
  • Publisher :
  • Release : 1910
  • ISBN :
  • Pages : 540 pages

Download or read book The civil law written by Joseph Wheless and published by . This book was released on 1910 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Informe de la Comisi  n Para Revisar Y Compilar Las Leyes de Puerto Rico

Download or read book Informe de la Comisi n Para Revisar Y Compilar Las Leyes de Puerto Rico written by United States. Commission to Revise and Compile the Laws of Porto Rico and published by . This book was released on 1901 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: