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What do judges actually do? What is the everyday reality of judging in civil matters? What falls under the rubric of judging? Written by a legal academic and former judge, this book offers a cogent and accessible account of what it means to be a judge in senior courts and those dealing with smaller claims. Drawing on judicial experiences and the social sciences, Judging is split into two parts. Part I examines the three fundamental values of judging - independence, impartiality, and integrity - and draws out the implications of these for everyday judging. It covers judicial guidance and codes of practice, structural protections for judges, and the behavioural rules for judges both in and away from court. Part II of the book turns to the legal and policy framework for judging, judgecraft, and judicial decision-making. This includes judicial appointments, work conditions, fact finding, litigants in person, ex tempore decisions, and the influences on decisions. Comprehensive and unique, the book demonstrates that the complex work of a judge extends beyond decision-making to matters such as managing cases, other judges, and judicial systems.
In this book, leading law academics along with lawyers, activists and others demonstrate what legislation could look like if its concern was to create justice for women. Each chapter contains a short piece of legislation – proposed in order to address a contemporary legal problem from a feminist perspective. These range across criminal law (sexual offences, Indigenous women’s experiences of criminal law, laws in relation to forced marriage, modern slavery, childcare and sentencing), civil law (aged care and housing rights, regulating the gig economy; surrogacy, gender equity in the construction industry) and constitutional law (human rights legislation, reimagining parliaments where laws...
This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptio...
In 2014, after a decade of political turmoil, the National Council for Peace and Order (NCPO) carried out Thailand's 13th coup since the country's transformation from absolute to constitutional monarchy in 1932. Though the NCPO promised to restore the rule of law, justice—long tenuous in Thailand—disappeared entirely. The legal system was used to criminalize the thoughts and actions of democratic dissidents, facilitate extrajudicial violence, and guarantee impunity for the coup and crimes by state officials. Combining legal and historical scholarship and long-term courtroom observation, Dictatorship on Trial traces the legal, social, and political impacts of authoritarianism, and foregro...
The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribuna...
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