In Domestic Courts and the Interpretation of International Law, Odile Ammann examines how domestic judges do and must interpret international law. She analyzes their interpretative methodology and the predictability, clarity, and consistency of their reasoning. Highlighting the main gaps in contemporary international legal scholarship regarding international law in domestic courts, Ammann offer…
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protec…
The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protec…
"This book analyses the non-custodial government of young offenders in two major cities in Brazil. In doing so, it delves into the paradox of an institution exerting control over youths while at the same time promoting their autonomy and responsibility. The study sheds light on the specific logics of power, control, and inequality produced by such institutional settings. The book’s analysis i…
Municipal courts' decisions in the jurisprudence of the International Court of Justice -- Enforcement of ICJ decisions in municipal courts -- Reception of decisions of the ICJ by municipal courts.
Introduction 1 Challenges of judicial reasoning in beginning and end-of-life cases 2 Ways of judicial reasoning ⁰́₃ outline 3 Ways of reasoning in medically assisted procreation and surrogacy cases 4 Ways of reasoning in abortion cases 5 Ways of reasoning in end-of
What happens in an established practice or work setting when a novel artifact or tool for doing work changes the familiar work routines? Any unexpected event, or change, or technological innovation creates a discontinuity; organizations and individuals must reframe taken-for-granted assumptions and practices and reposition themselves. To study innovation as a phenomenon, then, we must search fo…
This book has attempted to answer four questions relating to the different phases in the interaction between national courts and the ECJ in the context of the preliminary ruling procedure: question, answer and follow-up. The fourth question concerned the relationship between the answer (ie, the satisfaction of national judges with their interaction with the ECJ and the answers) and the question…
An extraordinary court with late medieval roots in the activities of the king’s council, Star Chamber came into its own over the sixteenth and early seventeenth centuries, before being abolished in 1641 by members of parliament for what they deemed egregious abuses of royal power. Before its demise, the court heard a wide range of disputes in cases framed as fraud, libel, riot, and more. In s…
Three types of strategies have been common for court reform programmes: the ‘holistic’, the ‘tactical’, and the ‘strategic’ approach. This Research and Policy Note discusses strategic court reform and its underlying ideas. Its main intention is to alert those involved in judicial reform to some of the pitfalls and choices connected to particular types of interventions. The concludin…