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The Judicial Process : An Introductory Analysis of the Courts of the United States, England, and France - Henry J. Abraham

The Judicial Process

An Introductory Analysis of the Courts of the United States, England, and France


Published: 1st January 1998
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Written by one of the nation's most astute observers of the court, this classic text examines the theory, practice, and people behind the judicial process. The new seventh edition brings the work completely up to date by examining important developments and structural changes in these three judicial systems, up through the end of 1997, including judicial appointments during the Bush and Clinton administrations; significant alterations in the structure and organization of the United States, British, French, and other European courts, with an emphasis on the ongoing changes in the judiciary of the United Kingdom; and the collateral developments on the frontiers of judicial review procedures as well as the judicial role. At once comparative, expository, analytical, and evaluative, this new edition of The Judicial Process illuminates even more vividly the judiciary's political, legal, and governmental roles, examining closely that much debated but little understood line between "judicial activism" and "judicial restraint."

Introduction: The Law and The Courts
The Nature of Law
Common Law and Statutory Law
Some Additional Legal Definitions and Concepts
Staffing the Courts
Tenure of Office
Qualifications and Motivations: The United States
"Packing the Court" and the Nominees' "Real" Politics
On the Role of the United States Senate
Qualifications and Experience: The Special Cases of England and France
Courts, Courtrooms, and Juries
Types of Courts: Trial and Appellate
Courtroom Procedure: General
Vox Dei or Vox Populi in Action: The Juries
Selection and Impaneling of Juries
From Offense to Trial: A Procedural Note
Courts at Home: I--The Lesser Tribunals
A Dual System of Courts
The State Courts
The Federal Courts
Courts at Home: II--The Supreme Court
At the Zenith: The U.S. Supreme Court
The U.S. Supreme Court at Work
Behind Closed Doors
Outside Influences on Court Personnel
Courts Abroad
The Courts of England and Wales
The Courts of France
Judicial Review: I--The Supreme Power
Defining Judicial Review
Judicial Review Board
Judicial Review at Home
Judicial Review: II--Controversy and Limitations
Judicial Review in a Democratic State: Saint or Sinner?
Drawing the Line--Or Attempting to Do So
Judges Limited: The Taught Tradition of the Law
Other Limitations on Judicial Power and Effectiveness
Machtkampf: The Supreme Court in the Political Power
Coda: A Realistic Bulwark
The Sixteen Great Maxims of Judicial Self-Restraint
The Bulwark
Members of the Supreme Court of the United States
Table of Succession of the Justices of the Supreme Court of the United States
Note Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780195099874
ISBN-10: 0195099877
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 480
Published: 1st January 1998
Publisher: Oxford University Press
Country of Publication: US
Dimensions (cm): 23.42 x 15.72  x 2.21
Weight (kg): 0.67
Edition Number: 7
Edition Type: Revised