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The Nature of Inquisitorial Processes in Administrative Regimes

The Nature of Inquisitorial Processes in Administrative Regimes Author Laverne Jacobs
ISBN-10 9781317023319
Release 2016-03-03
Pages 416
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‘Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.



Introduction to the Canadian Legal System

Introduction to the Canadian Legal System Author Sasha Baglay
ISBN-10 013314285X
Release 2015-03-09
Pages 384
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Introduction to the Canadian Legal System goes beyond the mere outline of the basics and seeks to help students challenge and question legal rules. It includes a variety of case studies that exemplify the workings of the law and help students see the connections between the discussed rules and real life.



Access to Justice

Access to Justice Author Ellie Palmer
ISBN-10 9781849469333
Release 2016-01-28
Pages 336
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Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.



Power through Testimony

Power through Testimony Author Brieg Capitaine
ISBN-10 9780774833929
Release 2017-04-13
Pages 252
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Power through Testimony documents how survivors are remembering and reframing our understanding of residential schools in the wake of the 2007 Indian Residential Schools Settlement Agreement, which includes the Truth and Reconciliation Commission, a forum for survivors, families, and communities to share their memories and stories with the Canadian public. The commission closed and reported in 2015, and this timely volume reveals what happened on the ground. Drawing on field research during the commission and in local communities, the contributors reveal how survivors are unsettling colonial narratives about residential schools and how churches and former school staff are receiving or resisting the new “residential school story.”



Copyright Class Struggle

Copyright Class Struggle Author Hannibal Travis
ISBN-10 9781108151955
Release 2018-08-31
Pages
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Earning an income in our time often involves ownership of or control over creative assets. Employing the law and philosophy of economics, this illuminating book explores the legal controversies that emerge when authors, singers, filmmakers, and social media barons leverage their rights into major paydays. It explores how players in the entertainment and technology sectors articulate claims to an ever-increasing amount of copyright-protected media. It then analyzes efforts to reform copyright law, in the contexts of 1) increasing the rights of creators and sellers, and 2) allocating these rights after employment and labor disputes, constitutional challenges to intellectual property law, efforts to legalize online mashups and remixes, and changes to the amount of streaming royalties paid to actors and musicians. This work should be read by anyone interested in how copyright law - and its potential reform - shapes the ownership of ideas in the social media age.



International Perspectives on Crime and Justice

International Perspectives on Crime and Justice Author K. Jaishankar
ISBN-10 9781443801980
Release 2009
Pages 741
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In a world of growing interdependence, crimes are no longer confined by national boundaries. In this context, the necessity to understand criminological developments across the globe becomes imperative. This book aims to offer cross-cultural perspectives of different criminological issues and criminal justice systems operating worldwide. This book emphasizes the collective understanding of criminological problems from an international perspective. This book is a quintessence of contemporary criminological developments, with a global outlook. The book is an edited volume of articles collected from criminologists all over the world. It is a peer reviewed collection. The chapters focuses on various criminological issues such as Bullying, Child abuse, Corrections (Institutional and Community), Cyber crimes, Corporate crime, Corruption, Costs of crime, Crime Analysis, Crime prevention, Crime Mapping and GIS, Criminal justice systems, Environmental crime, Ethnic/communal/caste conflicts, Family violence, Fear of crime, High tech crimes, Homicide, Human trafficking, Juvenile Delinquency, Organized crime, Offenders including women offenders, Policing, Prisons, Public attitudes, Restorative justice, Sexual assault, Stalking, Theories of crime, Transnational crime, Victimology, Violence, White collar crime, and Workplace violence.The book aims to provide theoretical frameworks and pragmatic discussions on Criminology and Criminal Justice. It is intended for Academics, Criminal Justice professionals, and Graduate Students who want to improve their understanding of the issues and challenges that arise when issues related to criminology and criminal justice cross national boundaries. Also, practitioners and academics of allied fields like sociology, psychology, geography, political science, public administration and forensic sciences whose research interests include either crime/criminal justice system/Victim or crime analysis will find this book useful."The comprehensive framework of this book means that it provides a rich variety of international perspectives on an array of crime and justice-related issues. The thirty chapters presented here are a treasure trove of insights in terms of both topical variety and approaches within topic. Dr. Jaishankar has assembled a valuable collection of readings that will find broad acceptance internationally." Prof. Keith Harries (From the Foreword)



Provincial Territorial Ombudsman Offices in Canada

Provincial   Territorial Ombudsman Offices in Canada Author Stewart Hyson
ISBN-10 9781442658554
Release 2009-12-15
Pages 304
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Parliamentary ombudsmen are appointed to investigate citizens' complaints and to provide checks on government administrative activity. In Canada, there are ten provincial and territorial ombudsmen, each with mandates over the whole of the public service within their regions. Though each ombudsman presents an annual report on his or her activities, there has been little sustained evaluation of the position's impact or its effectiveness. In this collection, contributors describe and assess the performance of the ten ombudsman offices in light of their multiple and evolving functions. Ombudsmen both investigate citizens' complaints and direct them to already-existing agencies. They sometimes educate the public about administrative processes and initiate probes of systemic issues in need of amelioration or change. An important evaluation of a little-studied institution, Provincial and Territorial Ombudsman Offices in Canada offers background and theory, case studies, and perspectives on the emerging challenges for the office in the twenty-first century.



Sovereign Choices and Sovereign Constraints

Sovereign Choices and Sovereign Constraints Author Gus Van Harten
ISBN-10 9780199678648
Release 2013-09
Pages 182
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The role of investment arbitration is a controversial issue, as it is increasingly seen as a system in which private arbitrators adjudicate on the public law decisions of states. This book provides an empirical study of the function of investment arbitration, how it is impacting on international law, and the ways in which it is in need of reform.



Exclusion of judicial review

Exclusion of judicial review Author Abdul Ahad Wani
ISBN-10 UOM:39015028935438
Release 1987
Pages 311
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Comparative study of British and Indian law.



Inquisitorial Processes in Australian Tribunals

Inquisitorial Processes in Australian Tribunals Author Narelle Bedford
ISBN-10 1875527478
Release 2006-01-01
Pages 105
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"This paper explores the meaning of 'inquisitorial' in civil law jurisdictions, and assesses whether the European model has been faithfully adopted in the context of Australian tribunals. In light of the negative answer to that question, the paper next considers what descriptor should be used for Australian tribunals not operating in an adversary mode and what flows from the allocation of the label 'inquisitorial'. The views of Australian federal courts and key tribunals are examined to give practical content to what is meant in Australia in describing a tribunal's procedures as 'inquisitorial'". -- p. 1.



The Fundamental Concept of Crime in International Criminal Law

The Fundamental Concept of Crime in International Criminal Law Author Iryna Marchuk
ISBN-10 9783642282461
Release 2013-07-29
Pages 304
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This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.



That the World May Know

That the World May Know Author James Dawes
ISBN-10 9780674030275
Release 2009-06-30
Pages 304
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What can we do to prevent more atrocities from happening in the future, and to stop the ones that are happening right now? That the World May Know tells the powerful and moving story of the successes and failures of the modern human rights movement. Drawing on firsthand accounts from fieldworkers around the world, the book gives a painfully clear picture of the human cost of confronting inhumanity in our day.



Is Administrative Law Unlawful

Is Administrative Law Unlawful Author Philip Hamburger
ISBN-10 9780226116457
Release 2014-05-27
Pages 648
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Is administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.



A World View of Criminal Justice

A World View of Criminal Justice Author Richard Vogler
ISBN-10 9781351961394
Release 2017-03-02
Pages 344
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Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'. This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world.



Investment Treaty Arbitration and Public Law

Investment Treaty Arbitration and Public Law Author Gus Van Harten
ISBN-10 0199552142
Release 2008
Pages 214
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The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatized key powers of the courts in public law. This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law. The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately-contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historic tradition of independent courts.



The Design of Competition Law Institutions

The Design of Competition Law Institutions Author Eleanor M Fox
ISBN-10 9780199670048
Release 2012-12-20
Pages 503
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Examining the procedure, process, and performance norms of national, regional (EU), and international competition law systems, this book is written by an international team of leading scholars who use case studies to reflect on global norms. These global norms include due process rights for litigants, reasonable expedition in adjudication, and knowledgeable decision-making.



The Relevant Market in International Economic Law

The Relevant Market in International Economic Law Author Christian A. Melischek
ISBN-10 9781107031524
Release 2013
Pages 401
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An in-depth analysis of 'product likeness' in GATT law - the key concept for the application of the non-discrimination principle.