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Author: José Gabriel Sarmiento Núñez
Publisher: Academia de Ciencias Politicas
ISBN:
Category : Law
Languages : es
Pages : 252
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Book Description
Author: Pablo Bravo-Hurtado
Publisher: Springer Nature
ISBN: 303063731X
Category : Law
Languages : en
Pages : 232
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Book Description
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.
Author: Cornelis Hendrik (Remco) van Rhee
Publisher: Springer
ISBN: 3319523449
Category : Law
Languages : en
Pages : 250
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Book Description
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.
Author: J. A. Jolowicz
Publisher: Cambridge University Press
ISBN: 0521584191
Category : Law
Languages : en
Pages : 444
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Book Description
Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.
Author: Cuba
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 766
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Book Description
Author: Cuba
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 782
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Book Description
Author:
Publisher: ebooks Patagonia
ISBN:
Category :
Languages : en
Pages : 390
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Book Description
Author: Ricardo Lillo Lobos
Publisher: Springer Nature
ISBN: 3030955346
Category : Law
Languages : en
Pages : 283
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Book Description
How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law. The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice. This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.
Author: Hans Steege
Publisher: Springer Nature
ISBN: 3031419928
Category :
Languages : en
Pages : 541
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Book Description
Author: Jorge Pablo Osterling
Publisher: Routledge
ISBN: 1000675394
Category : History
Languages : en
Pages : 305
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Book Description
In what is destined to prove the definitive text for the present generation on the political, economic, and social structure of Colombia, Jorge Pablo Osterling explores the enigmatic nature of this special, even critical, anchor to the northern tier of South America. In many ways, Colombia is a huge success story: it is one of the oldest, most stable, functioning democracies; the land is blessed with rich and diversified resources and products; and its foreign debt has been kept in check as a consequence of sound economic management.But despite its positive social, cultural, economic, and political indicators, Colombia has been a nation beset by serious problems: overt corruption and unemployment are very high; and its public service facilities to outlying rural areas remain weak, thus making schooling, water supplies, health care, and electrification hard to establish at high levels. Above all, Colombia has a reputation, well earned, as one of the most violent nations in the world. Drug trafficking, common crime, and guerrilla activity are all pandemic and conspire to destabilize the regime.In this straightforward, compelling account, Osterling shows how this paradox has evolved, and why it has persisted over the past fifty years. He draws attention to parallel political structures: a functioning set of civilian institutions that coexist alongside one of the most powerful closed, hierarchical political elites in Latin America. Osterling locates the central problem of the maintenance of interpersonal relations as being more important to the functioning of Colombian society than impersonal norms. This is a country in which political bosses vie with popular democracy for control of the country.
Author: Jose Maria Lezcano
Publisher: Routledge
ISBN: 1317555473
Category : Law
Languages : en
Pages : 183
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Book Description
This book is a comparative law study exploring the piercing of the corporate veil in Latin America within the context of the Anglo-American method. The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region. Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions. This book will be of great interest to scholars of company and comparative law, and business studies in general.
