Oxford Index Search Results

You are looking at 1-20 of 119 items for:

decision-making x Law x Comparative Law x clear all

Organs—Structure, Competences, and Decision-Making Processes

David S Berry.

in Caribbean Integration Law

February 2014; p ublished online April 2014 .

Chapter. Subjects: Public International Law; Comparative Law. 19882 words.

Chapter 4 introduces the primary, secondary, and administrative organs of both CARICOM and the OECS. It examines their natures, competences, and decision-making processes. It contrasts the...

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“It Must Be Rock Strong!” Guanxi’s Impact on Judicial Decision Making in China

Xin He and Kwai Hang Ng.

in The American Journal of Comparative Law

January 2018; p ublished online December 2017 .

Journal Article. Subjects: Law; Comparative Law; Systems of Law; International Law; Private International Law and Conflict of Laws. 14567 words.

Abstract

Drawing upon data interviews with Chinese judges who were involved in the decision-making process, we develop two variables for analyzing the...

Conclusions

Jeffrey Goldsworthy.

in Interpreting Constitutions

June 2007; p ublished online January 2010 .

Chapter. Subjects: Comparative Law. 12563 words.

This book has identified substantial differences between the philosophies of the courts of Australia, Canada, Germany, India, South Africa, and the United States with respect to...

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Democracy, Privatization, and the Rise of Non-state Regulatory Power

George Katrougalos.

in The Indian Yearbook of Comparative Law 2016

November 2018; p ublished online June 2019 .

Chapter. Subjects: Comparative Law. 8741 words.

This chapter emphasizes the deliberate political decision by which countries like the United States initially established a liberal state, which adopted the welfare state model in the...

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Entrenched Structures and Meanings

Mitchel De S.-O.-L'E. Lasser.

in Judicial Transformations

July 2009; p ublished online September 2009 .

Chapter. Subjects: Comparative Law. 12068 words.

This chapter presents the core conceptual and institutional attributes that traditionally characterized the French judicial order. This portrait of the French legal system stresses three...

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Constitutionalizing Public Participation in Kenya

Jill Cottrell.

in The Indian Yearbook of Comparative Law 2016

November 2018; p ublished online June 2019 .

Chapter. Subjects: Comparative Law. 10512 words.

Examining the Constitution of Kenya 2010, the chapter picks up its concept of public participation in decision-making and a more active form of democracy than simply voting once in five...

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Commitment and Cooperation on High Courts

Benjamin Alarie and Andrew J. Green.

September 2017; p ublished online August 2017 .

Book. Subjects: Comparative Law. 352 pages.

Judicial decision-making is ideally impartial. In reality, judges are influenced by many different factors, including institutional context, ideological commitment, fellow justices on a...

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External Pressures on the Inside (II): The ECHR's ‘Fair Trial’ Jurisprudence

Mitchel De S.-O.-L'E. Lasser.

in Judicial Transformations

July 2009; p ublished online September 2009 .

Chapter. Subjects: Comparative Law. 10731 words.

This chapter presents a particularly startling example of European pressure being applied onto the inside of the French legal system: the European Court of Human Rights (ECHR) forcing the...

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External Pressures on the Outside: Constructing a Familiar European Judicial Order

Mitchel De S.-O.-L'E. Lasser.

in Judicial Transformations

July 2009; p ublished online September 2009 .

Chapter. Subjects: Comparative Law. 14636 words.

This chapter stresses the interactive pressures between the two paradigmatic European judicial institutions: the European Court of Justice (ECJ) and the European Court of Human Rights...

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Reassessment: Judicial Orders in Flux

Mitchel De S.-O.-L'E. Lasser.

in Judicial Transformations

July 2009; p ublished online September 2009 .

Chapter. Subjects: Comparative Law. 13669 words.

This chapter analyzes the nature and direction of reforms in the French system. Are they destroying the French republican tradition of judicial decision-making, transforming it inexorably...

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Is the Journey from the In-box to the Out-box a Straight Line? the Drive for Efficiency and the Prosecution of low-level Criminality in Germany

Shawn Boyne.

in The Prosecutor in Transnational Perspective

September 2012; p ublished online April 2015 .

Chapter. Subjects: Comparative Law. 7696 words.

This chapter builds on prior scholarship that highlights the rise of discretion in the German criminal justice system by identifying key organizational factors that shape the exercise of...

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Looking Back and at the Challenges Ahead

Erik Luna and Marianne L. Wade.

in The Prosecutor in Transnational Perspective

September 2012; p ublished online April 2015 .

Chapter. Subjects: Comparative Law. 10450 words.

This chapter explores the context and influences on prosecutorial decision making in America and Europe. It highlights a number of themes that resonate throughout the volume, many of which...

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The Jury Elsewhere in the World

Neil Vidmar.

in World Jury Systems

October 2000; p ublished online January 2010 .

Chapter. Subjects: Comparative Law. 12151 words.

This chapter considers jury systems in other parts of the world, focusing on jury systems that vest decision-making on guilt or negligence solely in the hands of the lay person members....

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Norms, Leadership, and Consensus

Benjamin Alarie and Andrew J. Green.

in Commitment and Cooperation on High Courts

September 2017; p ublished online August 2017 .

Chapter. Subjects: Comparative Law. 14986 words.

This chapter examines how judges are influenced not only by formal rules of how the court is to arrive at decisions, but also by norms of decision-making. It discusses the existence and...

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Fitness for Criminal Adjudication

Richard J Bonnie.

in Fitness to Plead

June 2018; p ublished online September 2018 .

Chapter. Subjects: Comparative Law. 16209 words.

This chapter addresses the emerging significance of decisional competence in the United States. The practice of assessing and adjudicating fitness to plead developed largely without...

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Planting the Seed

Benjamin Alarie and Andrew J. Green.

in Commitment and Cooperation on High Courts

September 2017; p ublished online August 2017 .

Chapter. Subjects: Comparative Law. 19654 words.

This chapter examines one of the most central issues: the appointment process. Appointment processes vary considerably across countries—from very open, political procedures to secretive,...

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Conclusion

Ronnie Mackay and Warren Brookbanks.

in Fitness to Plead

June 2018; p ublished online September 2018 .

Chapter. Subjects: Comparative Law. 4813 words.

This concluding chapter offers a synthesis of the law around fitness to stand trial drawn from the different jurisdictions surveyed in the book. While individual jurisdictions have crafted...

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Judicial Personnel

Sophie Boyron.

in Principles of French Law

March 2008; p ublished online March 2012 .

Chapter. Subjects: Comparative Law. 13283 words.

This chapter shows that French judges are more numerous and more diverse than in common law countries. This might explain the tendency of the judges to behave as corporate bodies. The...

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Pre-Conclusion: Major Shifts or Minor Adjustments?

Mitchel De S.-O.-L'E. Lasser.

in Judicial Transformations

July 2009; p ublished online September 2009 .

Chapter. Subjects: Comparative Law. 9273 words.

This chapter examines whether reforms in the French system represent major transformations of, or merely minor adjustments to, the traditional French judicial order. Do the procedural...

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Western Culture and the Open Fair Hearing Concept in the Common Law: How Safe Is Natural Justice in Twenty-First Century Britain and Australia?

Steven Churches.

in The Chinese Journal of Comparative Law

March 2015; p ublished online February 2015 .

Journal Article. Subjects: Comparative Law. 10199 words.

Western thought has long assumed the need for procedural fairness when a person is under threat from official action. In the common law, the decision-making body (whether a formal court or...