Author: Lorne Neudorf
Publisher: Springer
ISBN: 3319498843
Category : Law
Languages : en
Pages : 262
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Book Description
This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.
Author: Asmah Laili Yeon
Publisher: UUM Press
ISBN: 9670876028
Category : Philosophy
Languages : en
Pages : 283
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Book Description
Understanding of the philosophy and theory behind the law is significance to law makers, legal practitioners, academicians and laymen. The rationales are to have some understanding of public policy and the real aim of the laws that made up particular practices or the root of practices. Therefore, this book highlight selected philosophy and theory of laws in the area of commercial, financial and corporate law; medical law; constitutional and administrative law and lastly human resource law. The massive information and knowledge in this book will benefits law makers, legal practitioners, academicians, universities students in understanding the philosophy and theory of the law first, before appreciating and applying the substantive law in their profession and life.
Author: Yvonne McLaren
Publisher: Goodfellow Publishers Ltd
ISBN: 1911396145
Category : Business & Economics
Languages : en
Pages : 219
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Book Description
A clear and insightful text which puts Scottish law in a global context. It explains the relevance of Scots law to those whose main specialism is not law, and gives practical advice and straightforward, jargon-free expla¬nations of concepts, as well as how to study and write about commercial law.
Author: ASST. PROF. DR HASBOLLAH BIN MAT SAAD
Publisher: GOOGLE PLAYBOOK
ISBN:
Category : Education
Languages : en
Pages : 77
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Book Description
THIS BOOK IS A COMPILATION OF LAW NOTES FROM THE AUTHOR.
Author: Muzammil Quraishi
Publisher: Springer Nature
ISBN: 1137491019
Category : Social Science
Languages : en
Pages : 216
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Book Description
This book provides a critical analysis of criminological scholarship in Malaysia, presenting a focused exploration of the key qualities and limitations to studies on crime, deviance, victimization and criminal justice in this country. This text connects contemporary crime problems with historical legacies such as the impact of colonialism and the influence of ethno-nationalism and authoritarianism in the region. Conflict and tension created by legal pluralism is illustrated via three case studies exploring apostasy, Islamic rehabilitation centres, and retention and use of the death penalty. In addition to a critique of contemporary Malaysian criminological scholarship, Towards a Malaysian Criminology suggests a composite, critical criminological approach to guide future research. This approach draws on theoretical traditions in critical race theory, critical realism, ultra-realism and the emerging field of Islamic critical realism. Given the multidisciplinary nature of the discipline, this text will appeal to scholars of criminology, sociology, law, politics and Islamic theology.
Author: Swati Jhaveri
Publisher: Cambridge University Press
ISBN: 1108481574
Category : Law
Languages : en
Pages : 447
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Book Description
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author: Wan Arfah Wan Hamzah
Publisher: OUP South East Asia
ISBN: 9789834505004
Category : Law
Languages : en
Pages : 0
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Book Description
A First Look at the Malaysian Legal is a textbook to replace the current title, An Introduction to the Malaysian Legal System. This book is a textbook for undergraduate law students studying this subject. This book can also be used by business, banking, finance and economics students taking law as a subject.
Author: Nasarudin Abdul Rahman
Publisher: Kluwer Law International B.V.
ISBN: 940352684X
Category : Law
Languages : en
Pages : 219
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Malaysia covers every aspect of the subject-the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Malaysia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
Author: Andrew Harding
Publisher: Routledge
ISBN: 1351357654
Category : Social Science
Languages : en
Pages : 268
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Book Description
This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.
Author: Andrew Novak
Publisher: Routledge
ISBN: 1317030281
Category : Political Science
Languages : en
Pages : 195
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Book Description
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.
