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Titlebook: Judges Against Justice; On Judges When the R Hans Petter Graver Book 2015 Springer-Verlag Berlin Heidelberg 2015 Judicial behaviour.Legal p

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书目名称Judges Against Justice
副标题On Judges When the R
编辑Hans Petter Graver
视频videohttp://file.papertrans.cn/502/501377/501377.mp4
概述Guidance on how to diminish judicial cooperation in oppression.Close-up tour of judges in their complicity with bad legal regimes.First comprehensive treatment of criminal liability for judges for uph
图书封面Titlebook: Judges Against Justice; On Judges When the R Hans Petter Graver Book 2015 Springer-Verlag Berlin Heidelberg 2015 Judicial behaviour.Legal p
描述.This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?.
出版日期Book 2015
关键词Judicial behaviour; Legal positivism; Nazi law; Rule of law
版次1
doihttps://doi.org/10.1007/978-3-662-44293-7
isbn_softcover978-3-662-52594-4
isbn_ebook978-3-662-44293-7
copyrightSpringer-Verlag Berlin Heidelberg 2015
The information of publication is updating

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The Opposition as lawyers, are brave protectors of the rights and freedoms of individuals. In the examples I have chosen for this book, however, the judiciary have failed and become accomplice to the oppression. Even though the judiciary in these cases has contributed to the atrocities of oppressive regimes, this
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The Argument for Criminal Liabilityhown that also judges can be responsible under international law for atrocities committed as part of the application and enforcement of municipal law. This was first established by the US Military Tribunal against leaders of the Nazi legal system and has since been confirmed by the European Court of
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The Condition of Illegality and Failed Usurpationshem accountable is more straightforward. The revolutionaries can be held accountable according to the law of the regime that they tried to overthrow, which made their acts illegal at the time. To the extent that the revolutionaries establish new institutions such as special courts and tribunals, the
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The Condition of Illegality in Transitional Settings conscious and cleverly designed and executed strategy by the Nazi Party. The regime was perceived as legal according to the German constitution by contemporary society, both within Germany and abroad. Virtually, a whole generation of German legal scholars gave support to the legality of the new reg
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Justification of Judicial Oppressionl rights. Despite this, it may not always be just to prosecute them and hold them criminally responsible for this. As we have seen, judges are under pressure from different values and ideals when it comes to their duty to uphold the law. The decision of whether to stay on the bench, giving support t
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