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Saturday, May 16, 2020 | History

3 edition of Equality and judicial neutrality found in the catalog.

Equality and judicial neutrality

Equality and judicial neutrality

  • 350 Want to read
  • 20 Currently reading

Published by Carswell in Toronto .
Written in English

    Subjects:
  • Equality before the law -- Congresses.,
  • Bias (Law) -- Congresses.,
  • Judicial process -- Congresses.,
  • Discrimination -- Law and legislation -- Congresses.

  • Edition Notes

    StatementSheilah L. Martin and Kathleen E. Mahoney, editors.
    ContributionsMartin, Sheilah L., 1957-, Mahoney, Kathleen E., LL. B.
    Classifications
    LC ClassificationsK3250.A55 1986
    The Physical Object
    Paginationxxvii, 430 p. ;
    Number of Pages430
    ID Numbers
    Open LibraryOL2081648M
    ISBN 100459308319
    LC Control Number88119088
    OCLC/WorldCa16578433

    Neutrality, Legitimacy, and the Supreme Court: Some Intersections Between Law and Political Science Jan G. Deutsch* I. The work of Professor Martin Shapiro is distinguished by lucidity, an analytical turn of mind, formidable sophistication, and a thoroughly read-able style. A political scientist by training, Shapiro is very much at home. In her recently published book, Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom, Cynthia Lee weaves together an array of case narratives to argue that the concept of reasonableness in self-defense and provocation cases allows majority culture defendants to benefit from jurors' deeply ingrained biases. She makes her case by drawing from three categories of cases: men Cited by: 1.

      1 Sovereign equality is a fundamental axiomatic premise of the international legal order. It is the source of other very important principles such as the ban on the use of force and the prohibition of intervention (see also Use of Force, Prohibition of; Intervention, Prohibition of). Equality, Objectivity, and Neutrality wife with a telephone cord,8 for a heterosexual man to beat a retreating gay man to death for the kind of unwanted sexual advance that most women find commonplace,9 and for a white homeowner to shoot a Japanese exchange student looking for a Halloween partyCited by: 1.

    New NZ law book shows how to judge like a feminist. 07 December A new book, co-edited by two University of Canterbury law academics, gives a new perspective on New Zealand law and challenges the concept of judicial neutrality by offering feminist and mana wahine judgments on key cases. The concept of judicial neutrality is that is that judges are free from political bias. They apply and interpret the law in a neutral way and have no bias or interest in a particular outcome of any case. Judges should not openly engage in party political matters and should not allow personal or political preferences to influence their decision.


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Equality and judicial neutrality Download PDF EPUB FB2

: Equality and Judicial Neutrality (): Mahoney, Kathleen E., Martin, Sheilah L.: BooksCited by: The myth of maternal preference in child custody cases / Jean McBean --Persisting equality implications of the "Bliss" case / Sheilah L. Martin --Equality theories and maternity benefits / Beth Symes --Economic consequences of maternity leave / Monica Townson --Past inequities and future promise: judicial neutrality in charter Constitutional.

Equality and judicial neutrality / Sheilah L. Martin and Kathleen E. Mahoney, editors. K E68 The equal protection of the laws / Polyvios G.

Polyviou. Neutrality is thus associated to the ideal of a laissez-faire free market system, while equality is generally seen as an ideal requiring State policies aiming at equal opportunity. In this book neutrality and equality are presented as compatible and complementary ideals, rather than antagonist.

A Question of Balance: A Study of Legal Equality and State Neutrality in the United States, France, and the Netherlands [Norton, Brenda J.] on *FREE* shipping on qualifying offers.

A Question of Balance: Equality and judicial neutrality book Study of Legal Equality and State Neutrality in the United States, France, and the NetherlandsFormat: Hardcover. The ideal of liberal neutrality and the ideal of equality are often seen as a trade-off. If the State has to be neutral between theinterests of the rich and the poor, it is supposed to not intervene redistributing resources between them.

Neutrality. FREDERICK SCHAUER NEUTRALITY AND JUDICIAL REVIEW (Accepted 29 October ) Blame it on Herbert Wechsler. In urging “neutral” principles in constitutional law, and in attaching the words “neutral principles” to his most famous and most controversial article,1 Wechsler fostered a debate about neutrality in law which is still with us.

Net neutrality is the principle that all the internet service providers should treat all the data online the same and not discriminate or charge differently based on any criteria.

The original Obama administration guidelines prohibited large internet service companies like AT&T and Comcast from blocking or slowing down the delivery of content.

Judicial neutrality is the backbone of the British Judicial system. A judiciary which is not neutral is invariably associated What exactly is judicial neutrality.

Though the judiciary is not entirely independent of Parliament and the government, it is still expected to be neutral when making legal decisions/rulings. Even if judges do have a political.

Net Neutrality, Uniformity, Equality, Constitutionality Alex X. Galloway Graduate Studies Sam Houston State University The Woodlands, Texas +1 () [email protected] ABSTRACT The United States Constitution sets forth a set of limited powers for the federal government that have a limited, definite purpose.

Neutrality and Judicial Review. Law and Philosophy, Vol. 22, Posted: 16 Jul Abstract. Since Herbert Wechsler's famous article, the topic of neutrality has played central stage in many debates about judicial review specifically and constitutional law generally. On closer inspection, however, it turns out that the heading of Cited by: 3.

Network neutrality, or simply net neutrality, is the principle that Internet service providers (ISPs) must treat all Internet communications equally, and not discriminate or charge differently based on user, content, website, platform, application, type of equipment, source address, destination address, or method of communication.

With net neutrality, ISPs may not intentionally block, slow. Nowadays, tax legislation provides fewer safeguards as regards general principles of justice such as legal certainty, equality, impartiality and neutrality. This article shows that the concept of checks and balances is indispensable in tax : J.L.M.

Gribnau, R.H. Happé. Gender Equality and the Judiciary; highlights the importance of using a gender perspective in judicial decision-making, examines challenges involved in promoting the human rights of women and the girl-child in domestic litigation, and explores ways in which international human rights standards can be relied on to ensure gender equality at.

Based on decades of research, the public will be looking for the elements of procedural fairness—voice, neutrality, respect, and trustworthy authorities. To be sure, the public will also make judgments about the merits of this case.

But there is a lot more at stake: the legitimacy of the judicial process is. This paper presents an analysis of the various dimensions of independence and impartiality. Among other things, I will argue that the two concepts, both of which are profoundly implicated in the rule of law, can be conceived as values and are perfectly distinguishable from each other.

I will also propose a conception of neutrality, as a third distinct value that satisfies the requirement for Author: Diego M.

Papayannis. Judicial neutrality – the idea here is that judges are free from political bias. They apply and interpret the law in a neutral way and have no bias or interest in a particular outcome of any case.

They apply and interpret the law in a neutral way and have no bias or interest in a particular outcome of any case. 1. Independence and Neutrality of the Judiciary According to Lord Browne Wilkinson, a Judge should be free from any pressure from the Government oranyone else as to how to decide any particular case.

Judicial independence basically means the ability of a Judge to decide cases on their merits, free of any pressure. THE MYTH OF NEUTRALITY IN CONSTITU-TIONAL ADJUDICATION ARTmmU S. MILLER* AN RoNAmD F. HowELLt The teleological conception of his function must be ever in the judge's mindBENAwN NATHAN CARtOzo.

I I. INTRODUCTION N TWO recent papers, responsible students of the United States Supreme Court have dealt extensively with so-called "neutral principles" ofCited by: 8.

Here again, the Court's notion of neutrality has diminished the meaning of racial equality. If the Court chooses to ride the popular wave of assault on affirmative action in Piscataway and Wilson, the Court's retreat on civil rights will be virtually complete. We can look forward to our workplaces, public schools, universities and neighborhoods.

This Paper consists of the evolution of Idea of Gender Equality from the historical perspective to the contemporary era. Defining the need of addressing this issue as a global problem and the path way to be traversed to eradicate the biasness and lack of opportunity revolving around established system of governance, which creates hurdles for basic upliftment on a social level.

The myth of judicial neutrality: the case for a truly diverse supreme court took his oath to the US court of appeals for the District of Columbia circuit with his hand on the Hindu holy book Author: Yolanda Young.The Equality Act prohibits all employers, service providers and providers of education, from discriminating against, harassing or victimising individuals with protected characteristics.

Unlawful discrimination would be things like: refusing to admit a child to as school as a pupil because of their race ; discouraging a female student from undertaking a course in Engineering.