Books and journals Case studies Expert Briefings Open Access
Advanced search

Search results

1 – 10 of over 6000
To view the access options for this content please click here
Article
Publication date: 1 April 2004

The role of courts in commercial & maritime arbitration under US, Greek and English law

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…

HTML
PDF (1.3 MB)

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
DOI: https://doi.org/10.1108/03090550410771099
ISSN: 0309-0558

Keywords

  • Dispute resolutions
  • Law courts
  • Legal processes
  • Greece
  • United Kingdom
  • United States of America

To view the access options for this content please click here
Article
Publication date: 19 August 2019

The Chinese approach to arbitration judicial review: Empirical perspectives and practical trends

Meng Chen

This paper aims to evaluate the effectiveness of the reforming Chinese arbitration judicial review process and supplement the corresponding suggestions and analyze the…

HTML
PDF (221 KB)

Abstract

Purpose

This paper aims to evaluate the effectiveness of the reforming Chinese arbitration judicial review process and supplement the corresponding suggestions and analyze the practical trends of Chinese arbitration.

Design/methodology/approach

This paper presents considerable evidence that includes the latest empirical data and iconic cases to demonstrate the Chinese judicial system’s acts of internationalizing Chinese arbitration. This paper then elaborates the Chinese Supreme People’s Court (hereinafter SPC) recent reforms of the mechanisms of arbitration judicial review.

Findings

The SPC’s efforts to coordinate Chinese arbitration practice with international standards are effective and fruitful. However, even after recent reforms, there are still inherent deficiencies and important omissions that hinder the efficiency of Chinese arbitration.

Originality/value

The major contributions of this paper are providing latest empirical data to evaluate effectiveness of current Chinese arbitration judicial review and analyzing latest SPC’s legal interpretations.

Details

International Journal of Conflict Management, vol. 31 no. 1
Type: Research Article
DOI: https://doi.org/10.1108/IJCMA-05-2019-0090
ISSN: 1044-4068

Keywords

  • Empirical research
  • Arbitration judicial review
  • Chinese arbitration
  • Chinese Supreme Peoples’ Court
  • SPC

To view the access options for this content please click here
Book part
Publication date: 24 October 2017

Judicial Review

Elizabeth Erin Wheat

Under the doctrine of judicial review established by Marbury v. Madison (1803) and the Administrative Procedure Act (APA), courts retain the power and authority to review…

HTML
PDF (401 KB)
EPUB (26 KB)

Abstract

Under the doctrine of judicial review established by Marbury v. Madison (1803) and the Administrative Procedure Act (APA), courts retain the power and authority to review legislative and executive actions and rule on their constitutionality or legality. Courts may also review actions of judges and lower court decisions. This is an important and necessary action to maintain the checks and balances and separation of powers in the United States (U.S.) political system. It is also critical for providing legal oversight and accountability. This chapter will first look at judicial review historically including relevant statutes and cases, actions by the executive branch, and efforts by Congress.

Additionally, the chapter will examine the relationship between judicial review and public policy. Through laws passed by Congress or regulations enacted by federal agencies, these branches of government draft policies with the expectation the judicial branch will enforce them. The courts, however, are to uphold the Constitution first and foremost, and rule on the constitutionality of the laws and regulations. Judicial opinions can have the effect of creating policy, which is a different purpose than the Founding Fathers intended. After reviewing the court system, the chapter will examine several issue areas where the court has been shaped by and in turn influenced public policy.

Details

Corruption, Accountability and Discretion
Type: Book
DOI: https://doi.org/10.1108/S2053-769720170000029012
ISBN: 978-1-78743-556-8

Keywords

  • Agency
  • Courts
  • Discretion
  • Judicial review
  • Oversight

To view the access options for this content please click here
Article
Publication date: 1 January 2006

Constitutionalising immigration law

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process…

HTML
PDF (1.3 MB)

Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
DOI: https://doi.org/10.1108/03090550610646771
ISSN: 0309-0558

Keywords

  • European Union
  • Laws and legislation
  • Immigrants
  • Case law

To view the access options for this content please click here
Article
Publication date: 13 July 2010

Does the judiciary matter for accountability of administration in Bangladesh?

Mohammed Awal Hossain Mollah

The aim of this paper is to analyze the role of the judiciary in ensuring legal accountability of government officials and its impact on governance in the context of…

HTML
PDF (166 KB)

Abstract

Purpose

The aim of this paper is to analyze the role of the judiciary in ensuring legal accountability of government officials and its impact on governance in the context of Bangladesh. Although, the judicial system of Bangladesh comprises Supreme Court, subordinate courts and tribunals. However, this study focuses Supreme Court only to keep the study in a manageable extent.

Design/methodology/approach

The study is qualitative in nature and based on content analysis. Dhaka Law Report (DLR), which is a monthly published report on case laws[1] decided by the Supreme Court has been selected as content for this study. Some case laws selected from DLR (2004‐2008) were analyzed using purposive sampling method, with a view to evaluating the effectiveness of judiciary (as an external but formal mechanism of accountability) in accountability of government administration and management and its impact on overall governance.

Findings

The most important finding of this paper is that the judiciary is very effective for ensuring legal accountability of government officials, which ultimately contributes to human rights and good governance. However, a major problem found was that until and unless an affected person files a case against a government authority, maintaining the required procedures of judiciary, it (the judiciary) has no scope to settle any disputes. Though there is a provision of Suo Muto (by own initiative) rule of the Supreme Court, this practice is very rare in Bangladesh. Furthermore, the executive is responsible for implementing the verdict of the judiciary. Therefore, if the government has not enough respect for, or does not care to implement judiciary's verdict, justice and rule of law will not be ensured. This study also found some cases like this.

Research limitations/implications

This work does not address detailed issues of governance and is not based on empirical data.

Practical implications

This is a mixed study of judiciary and public administration, which is very rare in Bangladesh. Therefore, it will be brought into line with current practice by the concerned researchers and policy makers in public administration and judiciary.

Originality/value

This paper will be of interest to legal practitioners, policy makers, academicians and those in the field of governance.

Details

International Journal of Law and Management, vol. 52 no. 4
Type: Research Article
DOI: https://doi.org/10.1108/17542431011059331
ISSN: 1754-243X

Keywords

  • Governance
  • Administration of justice
  • Government departments
  • Bangladesh
  • Law courts

To view the access options for this content please click here
Article
Publication date: 4 November 2014

Judicial activism and human rights in Bangladesh: a critique

Awal Hossain Mollah

The purpose of this paper is to evaluate the role of judicial activism as a golden mean approach of judiciary in protecting and promoting human rights from illegitimate…

HTML
PDF (373 KB)

Abstract

Purpose

The purpose of this paper is to evaluate the role of judicial activism as a golden mean approach of judiciary in protecting and promoting human rights from illegitimate interferences of government. With this aim, several case studies have been done on verdicts of higher judiciary in Bangladesh.

Design/methodology/approach

This paper is an exploratory case study focused on Bangladesh. The paper is qualitative in nature and based on secondary sources of published facts like books, journal articles and Dhaka Law Reports. Information also gathered through Internet browsing.

Findings

Though judiciary is very effective to protect and promote human rights and rule of law in a country through judicial activism or public interest litigation, the role of non-governmental organizations (NGOs) are crucial in Bangladesh. Delay and disposal of cases is one of the great impediments in the process of ensuring human rights in Bangladesh. Besides, negligence in implement the verdict of judiciary and interferences of executive over judiciary is another finding of this paper. Apart from these shortcomings, judicial activism is a very important potential instrument of judiciary to protect and promote human rights and the rule of law in Bangladesh.

Research limitations/implications

The major limitation of this paper is it is based on secondary sources of information. It would have more rich if periodical data can be used for comparing theory and practice.

Practical implications

This paper would be helpful for making a policy for overcoming limitations of judicial activism in Bangladesh to protect and promote human rights.

Social implications

Social awareness can be build-up through NGOs and readers by disseminating and penetrating information of this paper’s findings and recommendations.

Originality/value

This paper would an unique and add new knowledge in the literature of public interest litigation and Human Rights Law in the context of Bangladesh.

Details

International Journal of Law and Management, vol. 56 no. 6
Type: Research Article
DOI: https://doi.org/10.1108/IJLMA-07-2013-0029
ISSN: 1754-243X

Keywords

  • Bangladesh
  • Human rights
  • PIL

To view the access options for this content please click here
Article
Publication date: 1 March 2002

Court strategies in the appropriations process: the Oklahoma case

James W. Douglas

Little is known about the strategies used by state courts during the appropriations process. This article examines court budgetary practices in the state of Oklahoma. It…

HTML
PDF (147 KB)

Abstract

Little is known about the strategies used by state courts during the appropriations process. This article examines court budgetary practices in the state of Oklahoma. It reveals how court funding works in Oklahoma, what strategies are used by the state courts, and which factors are most important in determining the success of the courts in getting the funds they need. It shows that the judiciary is not necessarily at the mercy of the other branches of government when seeking resources. The findings provide the first glimpse at court budgeting strategies and determinants of these strategies’ success at the state level.

Details

Journal of Public Budgeting, Accounting & Financial Management, vol. 14 no. 1
Type: Research Article
DOI: https://doi.org/10.1108/JPBAFM-14-01-2002-B006
ISSN: 1096-3367

To view the access options for this content please click here
Article
Publication date: 1 January 1990

Judicial attitudes to professional liability for property investment advice

Anthony Lavers and Alistair MacFarquhar

Explores judicial attitudes in professional negligence casesaffecting liability for property investment advice. Focuses on thestandard of work required to discharge the…

HTML
PDF (1.7 MB)

Abstract

Explores judicial attitudes in professional negligence cases affecting liability for property investment advice. Focuses on the standard of work required to discharge the legal duty of care and on apparent contradictions in approach by the courts. Reviews a series of cases which are taken to exhibit traditional attitudes to professional liability and studies modern cases which are irreconcilable with those attitudes. Includes liability to third party mortgagors and to third party mortgagees in an analysis of the duty of care, and considers the implications of the perceived expansion of the advisor′s professional duties, which include potential conflicts of interest and the dichotomy between the standards current among professionally qualified and unqualified practitioners. Suggests that judicial attitudes are influential in shaping the practice of property investment advice, but that this intervention is fraught with difficulties as it creates uncertainty among professional advisors about the nature of the tasks undertaken.

Details

Journal of Valuation, vol. 8 no. 1
Type: Research Article
DOI: https://doi.org/10.1108/EUM0000000003278
ISSN: 0263-7480

Keywords

  • Professional negligence
  • Valuation
  • Methodology
  • Judicial review
  • Litigation
  • Investment

To view the access options for this content please click here
Article
Publication date: 1 April 2001

Drug Kingpins and Blacklists: Compliance Issues with US Economic Sanctions: Part 3

Peter L. Fitzgerald

Those parties who do become caught up in the sanctions and are blacklisted face a daunting situation. Their property and accounts are often blocked, and dealings with US…

HTML
PDF (1.9 MB)

Abstract

Those parties who do become caught up in the sanctions and are blacklisted face a daunting situation. Their property and accounts are often blocked, and dealings with US parties, and frequently their overseas affiliates as well, are essentially cut off with little or no warning by virtue of decisions made by a relatively small and obscure office within the Treasury Department. US as well as foreign parties can be blacklisted, and these restrictions can even extend to a firm's employees. The practical consequence of being touched by one of the Office of Foreign Assets Controls (OFAC) economic sanctions programmes may be the economic equivalent of capital punishment. By virtue of the restrictions, the blacklisted business may cease to exist as a viable entity.

Details

Journal of Money Laundering Control, vol. 5 no. 2
Type: Research Article
DOI: https://doi.org/10.1108/eb027303
ISSN: 1368-5201

To view the access options for this content please click here
Book part
Publication date: 4 May 2020

Overcoming Liberal Democracy: “Threat Governmentality” and the Empowerment of Intelligence in the UK Investigatory Powers Act

Christos Boukalas

The sudden rise of the socio-political importance of security that has marked the twenty-first century entails a commensurate empowerment of the intelligence apparatus…

HTML
PDF (876 KB)
EPUB (38 KB)

Abstract

The sudden rise of the socio-political importance of security that has marked the twenty-first century entails a commensurate empowerment of the intelligence apparatus. This chapter takes the Investigatory Powers Act 2016 as a vantage point from where to address the political significance of this development. It provides an account of the powers the Act grants intelligence agencies, concluding that it effectively legalizes their operational paradigm. Further, the socio-legal dynamics that informed the Act lead the chapter to conclude that Intelligence has become a dominant apparatus within the state. This chapter pivots at this point. It seeks to identify, first, the reasons of this empowerment; and, second, its effects on liberal-democratic forms, including the rule of law. The key reason for intelligence empowerment is the adoption of a pre-emptive security strategy, geared toward neutralizing threats that are yet unformed. Regarding its effects on liberal democracy, the chapter notes the incompatibility of the logic of intelligence with the rule of law. It further argues that the empowerment of intelligence pertains to the rise of a new threat-based governmental logic. It outlines the core premises of this logic to argue that they strengthen the anti-democratic elements in liberalism, but in a manner that liberalism is overcome.

Details

Studies in Law, Politics, and Society
Type: Book
DOI: https://doi.org/10.1108/S1059-433720200000082002
ISBN: 978-1-83982-278-0

Keywords

  • Biopolitics
  • electronic surveillance
  • Investigatory Powers Act
  • liberal democracy
  • pre-emption
  • rule of law
  • threat governmentality
  • total intelligence

Access
Only content I have access to
Only Open Access
Year
  • Last week (18)
  • Last month (53)
  • Last 3 months (173)
  • Last 6 months (323)
  • Last 12 months (607)
  • All dates (6852)
Content type
  • Article (4701)
  • Book part (1627)
  • Expert briefing (195)
  • Earlycite article (168)
  • Executive summary (98)
  • Case study (63)
1 – 10 of over 6000
Emerald Publishing
  • Opens in new window
  • Opens in new window
  • Opens in new window
  • Opens in new window
© 2021 Emerald Publishing Limited

Services

  • Authors Opens in new window
  • Editors Opens in new window
  • Librarians Opens in new window
  • Researchers Opens in new window
  • Reviewers Opens in new window

About

  • About Emerald Opens in new window
  • Working for Emerald Opens in new window
  • Contact us Opens in new window
  • Publication sitemap

Policies and information

  • Privacy notice
  • Site policies
  • Modern Slavery Act Opens in new window
  • Chair of Trustees governance statement Opens in new window
  • COVID-19 policy Opens in new window
Manage cookies

We’re listening — tell us what you think

  • Something didn’t work…

    Report bugs here

  • All feedback is valuable

    Please share your general feedback

  • Member of Emerald Engage?

    You can join in the discussion by joining the community or logging in here.
    You can also find out more about Emerald Engage.

Join us on our journey

  • Platform update page

    Visit emeraldpublishing.com/platformupdate to discover the latest news and updates

  • Questions & More Information

    Answers to the most commonly asked questions here