Exercising Discretion

Descriere: The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.

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Pret: 374,00 RON

Jonathan Gienapp (Author)

Against Constitutional Originalism: A Historical Critique

9,A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority "What are the chances that, in 2024, a new book could fundamentally reorient how we understand America's founding? Jonathan Gienapp . . . has written such a book. . . . You read it, and you get vertigo. . . . Gienapp's book comes as a thunderclap."--Cass Sunstein, Washington Post Longlisted for the Cundill History Prize, 2025 - History Today Book of the Year, 2024 Constitutional originalism stakes law to history. The theory's core tenet--that the U.S. Constitution should be interpreted according to its original meaning--has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists' use and abuse of history has never been more urgent. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its ...

Pret: 460,00 RON

Renato Nazzini (Editor)

Construction Arbitration and Alternative Dispute Resolution: Theory and Practice around the World

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerge

Pret: 1.131,00 RON

Mary Ellen Stitt (Author)

Trial by Treatment: Punishing Illness in an Age of Criminal Legal Reform

Exercising Discretion

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