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Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee Dec 2014

Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

The Constitution is the supreme law of Singapore, but have the courts unnecessarily limited their role of upholding the Constitution? This article is based on a speech delivered at an event at the Conrad Centennial Singapore on 4 December 2014 entitled The Role of the Judiciary in the Promotion and Protection of Human Rights organized by the Delegation of the European Union to Singapore to commemorate Human Rights Day.


A Dynamic Theory Of Judicial Role, David Landau Nov 2014

A Dynamic Theory Of Judicial Role, David Landau

Boston College Law Review

Recent scholarship has focused heavily on the activism of courts in the fragile democracies of the “Global South.” Courts in countries like India, Colombia, and South Africa have issued landmark decisions in difficult political environments, in the process raising unanswered questions about the appropriate conception of judicial role in these climates. Much of the judicial and academic effort in these contexts is self-consciously oriented towards using courts to carry out basic improvements in the quality of political systems seen as badly deficient. In other words, the core task is to improve the quality of the democratic system over time. These ...


Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson Oct 2014

Refusal To Extradite: An Examination Of Canada's Indictment Of The American Legal System, Jami Leeson

Georgia Journal of International & Comparative Law

No abstract provided.


Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele Oct 2014

Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele

Georgia Journal of International & Comparative Law

No abstract provided.


International Norms In Constitutional Law, Michael Wells Sep 2014

International Norms In Constitutional Law, Michael Wells

Georgia Journal of International & Comparative Law

No abstract provided.


The Use Of International Sources In Constitutional Opinion, Daniel Bodansky Sep 2014

The Use Of International Sources In Constitutional Opinion, Daniel Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.


All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez Sep 2014

All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez

Georgia Journal of International & Comparative Law

No abstract provided.


Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper Jul 2014

Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper

Casey J Cooper

The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not ...


Dressing And Addressing The Kenyan Judiciary: Reflecting On The History And Politics Of Judicial Attire And Address, Willy Mutunga Apr 2014

Dressing And Addressing The Kenyan Judiciary: Reflecting On The History And Politics Of Judicial Attire And Address, Willy Mutunga

Buffalo Human Rights Law Review

No abstract provided.


Ghana’S Jury System On Trial, Dennis D. Adjei Jan 2014

Ghana’S Jury System On Trial, Dennis D. Adjei

Duke Law Master of Judicial Studies Theses

Civil cases in Ghana are tried by the bench. Criminal cases are also handled by bench trials, except for certain indictable offenses, which may be tried by a judge or jury. Not all serious offenses are tried by jury. And a trend is developing away from jury to bench trials. For example, treason is punishable by death, but the case is determined in a bench trial by three High Court Judges. Robbery, which had been an indictable offense, is now tried by either jury or bench trial at the discretion of the Attorney-General; and prosecutors consistently have been opting for ...


Independence Sans Accountability: A Case For Right To Information Against The Indian Judiciary, Supriya Routh Jan 2014

Independence Sans Accountability: A Case For Right To Information Against The Indian Judiciary, Supriya Routh

Washington University Global Studies Law Review

The Indian Supreme Court may be standing at a historic juncture where it could throw open the doors to the public to question its accountability by disclosing information pertaining to the assets and interests of the judges of the higher judiciary. The Supreme Court, however, seems reluctant to bring the higher judiciary under the purview of the Right to Information Act. A tussle has already emerged between the Delhi High Court and the Supreme Court, with the former seeking to bring the higher judiciary under the information law and justifying the need for disclosure of assets of the judges of ...


Protecting Workers As A Matter Principle: A Latin American View Of U.S. Work Law, Sergio Gamonal C., César F. Rosado Marzán Jan 2014

Protecting Workers As A Matter Principle: A Latin American View Of U.S. Work Law, Sergio Gamonal C., César F. Rosado Marzán

Washington University Global Studies Law Review

Scholars have noted that judicial conservatism has eroded labor and employment law (hereinafter referred to as “work law”) in the U.S. and elsewhere. The Roberts Court has maintained, and perhaps augmented, the Court’s conservative outlook, deciding a number of key work law cases in favor of employers. Moreover, the pro-employer judicial hue over recent work law cases comes on the heels of recent legal scholarship calling for a rethinking of the “idea of labor law,” the demise of the standard employment contract, and a surge in precarious jobs. Work law, which has always been under attack, has had ...


Ex Ante Versus Ex Post Deliberations: Two Models Of Judicial Deliberations In Courts Of Last Resort, Mathilde Cohen Dec 2013

Ex Ante Versus Ex Post Deliberations: Two Models Of Judicial Deliberations In Courts Of Last Resort, Mathilde Cohen

Mathilde Cohen

This Article discusses supreme and constitutional courts’ internal organizational cultures, that is, the way in which justices organize their work and establish informal decision-making norms. Courts of last resort are often presented as exemplary deliberative institutions. The conference meeting, which convenes judges in quiet seclusion to debate, has been glorified as the most significant step in a court’s decision-making process. Based in part on qualitative empirical research, I argue, however, that French, American, and European Justices may not deliberate in the full sense that deliberative democrats have theorized. The Article distinguishes two types of high court deliberations, which I ...