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Comparative Courts and Law
Transcript of Comparative Courts and Law
What is Comparative Courts and Law?
Involves an analysis between two or more legal systems, in one or more legal issues or areas of law or,
a single case study concerning the development or change in a state's legal system
Courts and the Judicary
the system of courts within a country
Judicial Independence and Judicialization
Comparison: Judicialization of politics and political appointment systems, Canada and the United Kingdom
is the increasing reliance, on courts as
a means to address public policy questions and political controversies.
The Judicialization of Politics:
Comparative Courts and Law
Comparing a whole legal system or a whole area of law.
Comparing a specific issue or problems within or between states.
A particular form of tripartite dispute resolution that substitutes law and office for consent.
How do you tell what a court is?
The Functions of Courts
Courts review the legal
validity of administrative
Courts monitor police and prosecutors as they use the state’s coercive power
Constitutional Review\Judicial review
Courts hold other state actors accountable to constitutional, procedural and rule of law expectations.
Two Main Types of Constitutional Review
The belief and ability of judges to decide cases as they think appropriate, regardless of what other people and especially politically powerful officials or institutions desire
Charter of Rights and Freedoms
European Convention on Human Rights
What is a Legal Culture:
“A set of deeply rooted, historically conditioned attitudes about the nature of law, about the role of law in society and the polity, about the proper organization and operation of a legal system and ideas about the proper way that law should be created and applied.”
- Merryman, John Henry.
The Civil Law Tradition
. Stanford, CA: Stanford University Press, 1985.
Legal system in which judges base their decisions not only of their understanding of written law, but on their understanding of past court cases
Legal system in which
judges may only follow the law as written and must ignore past decisions. Each case is considered a separate and unique event.
United States and Australia
Domestic legal culture and human rights treaties:
Former British colonies
Common Law Countries
Countries have Strong form judicial review
Countries have an individualist conception
of the law
Revolutionary v. peaceful separation
Codified Bill of Rights v. No codified Bill of Rights