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Elgendy A: l'avvocato del fare

l'avvocato del fare

una guida di un avvocato di successo

The Politics of Adjudication addresses the pragmatics of legal decision making. This is a question of politics, according to which constitutional law is not, it is argued, the instantiation of timeless and universal principles of governance.

The Politics of Adjudication addresses the pragmatics of legal decision making. This is a question of politics, according to which constitutional law is not, it is argued, the instantiation of timeless and universal principles of governance.

The Politics of Adjudication

Hart Studies in Comparative Public Law

This book explores the argumentative style of the supreme courts in the Nordic countries (Denmark, Iceland, Finland, Norway and Sweden). Its findings are based on empirical research involving 280 leading constitutional cases which demonstrate that the impact of a constitutional ruling often extends far beyond the cases actually adjudicated by the courts and that it is crucial to understand how judges justify their decisions in constitutional cases. In the cases researched, the authors identify and explain the common features of the Nordic constitutional reasoning, situating the Nordic experience within a broader comparative framework. The book compares these practices with those of non-Nordic jurisdictions, analysing whether and how the approaches of Nordic supreme courts align with each other and with global trends. This is made possible through the use of a well-established conceptual and methodological framework, adapted to the Nordic context. Key aspects of judicial reasoning are examined, including the emphasis placed on specific constitutional concepts, the use of non-legal arguments, the reliance on precedents, and the types of sources typically referenced - such as preparatory works, foreign legal materials, and academic writings. The book is aimed at anyone interested in the constitutional culture of the Nordic countries and informs normative debates on constitutional law, both in scientific and political discourse. It contributes to the global academic discourse on constitutional reasoning with a unique perspective from the Nordic countries, which have often been overlooked in comparative research.

An Empirical and Comparative Legal Perspective

Constitutional Reasoning in the Nordic Supreme Courts

The number of Black state and federal judges has grown considerably in the post-Civil Rights Era. They are, in fact, the second most represented group of judges in the state and federal courts. Furthermore, historic appointments of Black men and women to the federal judiciary, including Ketanji Brown Jackson, as well as generally increased calls for the diversification of the courts in recent years have renewed questions about judicial representation. What does having more Black judges in courthouses and communities mean for the political representation of Black people and Black interests? &nbsp;&nbsp;In Robed Representatives, Taneisha Means Davis offers new insights into the lives, identity politics, and actions of Black state court judges. The narratives centered in the book reveal an identity-to-politics link that exists among Black judges that lead them to represent their group interests. This link is corroborated with data that highlights numerous previously unidentified manifestations of racial representation in the legal system. Means demonstrates that only through exploration of the lives, identities, and behaviors of historically underrepresented judges will it be possible to arrive at a comprehensive understanding of the importance—and limitations—of racial diversity in the courts.

How Black Judges Advocate in American Courts

Robed Representatives

A radical argument by the leading constitutional scholar that American constitutional law lacks the resources to address our current problems, and risks making them worse "A sharp-edged and well-informed takedown of one of America's sacred cows." --Publishers Weekly on Mike Seidman's From Parchment to DustConstitutional theorists on the Right and the Left are united in the belief that constitutional law and review by the Supreme Court are crucial to the success of the American experiment. Both sides believe that, on issues ranging from affirmative action, reproductive freedom, and gun control, to economic regulation, regulation of speech, and the role of religion in American society, popular democracy is just too dangerous to go unchecked. In a radical and paradigm-shifting argument sure to change the debate about the rule of law in the age of Trump, leading constitutional law scholar Louis Michael Seidman argues that the American Constitution lacks the resources to address our current problems, and that reliance on it risks making the challenges that face us worse. Seidman, called "one of our greatest living constitutional scholars" by Georgetown University Law professor Rosa Brooks, understands that a natural reaction to the current danger is to shore up the foundations of constitutional theory, uniting in the defense of "the rule of law." But he sees this response as gravely mistaken and bound to fail. As he writes in the introduction, "no one should be fooled into thinking that a legal strategy will stop the broad thrust of the Trump revolution." Seidman reviews and critiques prevalent constitutional theories on the Right and the Left, from originalism to "living constitutionalism," highlighting ways in which they fail to meet the current moment. Instead, he charts a different way forward. If both sides ended their dogmatic insistence that divisive social issues can be definitively settled by a piece of aging parchment, we might ease political tensions and begin a respectful and productive debate about the deep grievances that are tearing the country apart.

Why We Can No Longer Rely on Our Founding Document

The Constitution Cannot Save Us

What was behind a legal life lived in the spotlight? In this extended conversation between Professor Adam Lazowski and Dame Eleanor Sharpston KC, one of the most important European lawyers of her generation, two friends lift the curtain on what was happening backstage. Over nine chapters, they discuss Eleanor's early life, her university years, and her parallel career at the Bar and in academe. They move on to consider her leading cases in the English courts, which included Brown and Others (Operation Spanner) and the Metric Martyr, before laying out a thoughtful insider's assessment of her time on the Bench at the Court of Justice of the European Union in Luxembourg. The closing chapter of the book is dedicated to current events, including the rule of law crisis and the future of European integration. A candid, illuminating and often amusing discussion with a transformative European lawyer.

A Life, A Journey

In Conversation with Eleanor Sharpston

Schriften zum Recht der Digitalisierung

The digitalization of civil proceedings improves the framework conditions for a structured presentation of the parties' submissions. Building on existing approaches that require the parties to structure their statements of case, Florian Grießer develops a structuring concept that generates a tabular overview of the entire procedural communication. This concept is distinguished by the fact that it grants the parties the greatest possible freedom of presentation while simultaneously enabling the spatial alignment of substantively related content. An individual sorting function, in particular, eliminates the need for the defendant to adhere to the claimant's structure-a requirement commonly found in comparable proposals. Such a structuring concept must be safeguarded through enforcement mechanisms. In Grießer's model, sanctions serve as instruments of judicial case management to achieve multiple objectives. They must be effective and, at the same time, compatible with constitutional principles, should entail only minimal administrative effort, and should impose the negative consequences of non-compliance on the responsible party or even on their legal counsel. Drawing inspiration from sanctions in English civil procedure, the author designs a three-stage, escalating enforcement system: if a request for revision remains unheeded, the party must index its submission with keywords and bear additional court and solicitor's fees. If a submission is incorrectly indexed and overlooked by the court, a preclusion sanction is imposed in the subsequent instance.
 

 The work was awarded the 2025 Doctoral Prize in Law of the University of Tübingen.

Richterliche Verfahrensleitung und Sanktionierung parteiseitigen Fehlverhaltens

Strukturierter Parteivortrag im digital geführten Zivilprozess

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

Regional Integration Court in a Global Context

The Caribbean Court of Justice

Oxford Private International Law Series

The operation of conflict of law rules within the UK have changed drastically since the first edition of Conflict of Laws Within the UK published in 2007. Constitutional developments including the establishment of the UK Supreme Court, the UK's withdrawal from the European Union, and the growing relevance of the Hague Conventions, have intensified the need for an up-to-date resource on the theory and practice of intra-UK conflict issues. In this comprehensive new edition, Kirsty Hood explores how the UK's atypical constitutional arrangements effect the treatment of traditionally private international law issues when these arise intra-nationally in the UK. Restructured into easily navigated sections, this edition examines key issues including jurisdiction, the choice of law, the recognition and enforcement of judgments, the operation of public policy, and procedural matters. Offering practical guidance on the applicable rules in intra-UK conflicts, it also grounds this discussion within historical contexts. Additionally, it highlights the theoretical frameworks underpinning the treatment of issues which-in an international cross-border situation-would typically be resolved by way of conflict of law rules. This investigation is further enhanced by a comparative analysis of the response of Canada and Australia to, respectively, interprovincial and interstate conflicts, raising questions about whether solutions adopted by these countries could contribute to the conflict of laws within the UK and vice-versa. This new edition also incorporates recent case law and legislative changes, including modifications to the Scotland Act 1998, Government of Wales Act 2006, and Northern Ireland Act 1998, as well as post-Brexit constitutional developments such as the United Kingdom Internal Market Act 2020. It is an essential reference for practitioners engaged in litigation or constitutional law.

Conflict of Laws within the UK

Studien zum ausländischen und internationalen Privatrecht

The recognition of judgments from third countries is an area of international civil procedure law that, despite ongoing Europeanization, remains governed by autonomous German law. The decisive criterion for recognition is the mirror-image principle: the German judge in charge of recognition examines whether the third country court had jurisdiction under German law. To assess this so-called "recognition jurisdiction," the judge relies on German jurisdictional rules. These include the provisions of the Brussels Ia Regulation when the defendant is domiciled in a Member State. This gives rise to the question of whether and how the value judgments of the Brussels Ia Regulation should be taken into account within the mirror-image principle. This issue becomes unavoidable particularly in cases involving choice-of-court agreements in favor of third-country courts: the parties remove the dispute from the scope of the Brussels Ia Regulation by designating a third country court as competent. In doing so, they also indirectly determine whether recognition will later proceed under European or German law. Case law and legal scholarship have increasingly opened up to such considerations. Victor de Lousanoff analyzes the current opinions, consolidates previous proposals, and develops his own approach based on them. The result is a universally applicable formula that yields teleologically convincing and practicable outcomes both for choice-of-court agreements in favor of third country courts and for all other third country judgments.

Grundlagen und Herausforderungen der Gerichtsstandsvereinbarung

Die Anerkennung drittstaatlicher Entscheidungen nach dem Spiegelbildprinzip

Routledge Contemporary Issues in Criminal Justice and Procedure

A Comparative Perspective

Contemporary Challenges in the Jury System

International Courts and Tribunals Series

Institutions, Practices, and Norms

Governance of International Courts and Tribunals

It is a commonality to claim that we are currently living in an epoch of global crises that may perpetuate emergencies, blurring the boundaries between normalcy and exceptionalism. These circumstances often lead to the declaration of special legal orders in which state interference may be much deeper and restrictions on fundamental rights and freedoms more severe than would be considered acceptable in normal times. This book presents a comparative study of emergency constitutional adjudication, as well as related theoretical issues. Focusing on methods of constitutional interpretation the book provides insight into the various national situations and the judicial practice of European courts. The volume contains 11 European country studies, prepared by internationally recognized scholars of emergency law and constitutional theory. Two further chapters examine the interpretative practice of the Court of Justice of the European Union and the European Court of Human Rights, while the final chapter presents the results of the comparison and delivers the theoretical conclusions of the research. The book will be a valuable resource for academics and researchers working in the areas of Comparative Constitutional Law and Politics, Emergency Studies, and Jurisprudence.

Interpretation and Adjudication in Europe

Crises, Emergencies, and Constitutional Law

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