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Popular Constitutionalism
Judicial populism or juridical populism is a phenomenon where the judgments and actions of the courts are driven by the perception of the masses or certain groups. The term, which some refer to as popular constitutionalism, has been described as a reaction to the perceived elitist bias in the legal system. Judicial populism can also refer to the actions of the courts that reflect public sentiment or those aimed at garnering public support for the judicial institution. Background Judicial populism is considered an aspect of populist politics, particularly the strand that claims to represent the interests of the people against a corrupt elite. Due to accusations of excessive privileges, inefficiencies, and possible corruption, there is an increased hostility towards the judicial system and the creation of an atmosphere of distrust for the courts. Activism among populist groups calls for judicial decisions that reflect the collective will of the people within a particular subcult ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Everywhere Justice Nowhere, Rally At The State Capitol In St Paul, MN After The Not Guilty Verdict In The Yanez Trial (34543469773)
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public sector services, funded through taxes. Law enforcement is only part of policing activity. Policing has included an array of activities in different situations, but the predominant ones are concerned with the prese ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Remedies
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that serve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminology
Criminology (from Latin , "accusation", and Ancient Greek , ''-logia'', from λόγος ''logos'' meaning: "word, reason") is the study of crime and deviant behaviour. Criminology is an interdisciplinary field in both the behavioural and social sciences, which draws primarily upon the research of sociologists, political scientists, economists, psychologists, philosophers, psychiatrists, social workers, biologists, social anthropologists, as well as scholars of law. Criminologists are the people working and researching the study of crime and society's response to crime. Some criminologists examine behavioral patterns of possible criminals. Generally, criminologists conduct research and investigations, developing theories and analyzing empirical patterns. The interests of criminologists include the study of nature of crime and criminals, origins of criminal law, etiology of crime, social reaction to crime, and the functioning of law enforcement agencies and the penal insti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History
Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilisations and operates in the wider context of social history. Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts; some consider legal history a branch of intellectual history. Twentieth-century historians viewed legal history in a more contextualised manner - more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyse case histories from the parameters of social-science inquiry, using ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sociology Of Law
The sociology of law (legal sociology, or law and society) is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintainin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Systems
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theories Of Law
A theory is a reason, rational type of abstraction, abstract thinking about a phenomenon, or the results of such thinking. The process of contemplative and rational thinking is often associated with such processes as observational study or research. Theories may be scientific theory, scientific, belong to a non-scientific discipline, or no discipline at all. Depending on the context, a theory's assertions might, for example, include generalized explanations of how Nature (philosophy), nature works. The word has its roots in ancient Greek, but in modern use it has taken on several related meanings. In modern science, the term "theory" refers to Scientific theory, scientific theories, a well-confirmed type of explanation of nature, made in a way Consistency, consistent with the scientific method, and fulfilling the Scientific theory#Characteristics of theories, criteria required by modern science. Such theories are described in such a way that scientific tests should be able to prov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mass Incarceration
Incarceration in the United States is a primary form of punishment and rehabilitation for the commission of felony and other offenses. The United States has the largest prison population in the world, and the highest per-capita incarceration rate. One out of every 5 people imprisoned across the world is incarcerated in the United States. In 2018 in the US, there were 698 people incarcerated per 100,000; this includes the incarceration rate for adults or people tried as adults.United States of America .Highest to L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law And Order (politics)
In modern politics, law and order is the approach focusing on harsher enforcement and penalties as ways to reduce crime. Penalties for perpetrators of disorder may include longer terms of imprisonment, mandatory sentencing, three-strikes laws and even capital punishment in some countries. This has been credited with facilitating greater militarisation of police and contributing to mass incarceration in the United States. Supporters of "law and order" argue that incarceration is the most effective means of crime prevention. Opponents argue that a system of harsh criminal punishment is ultimately ineffective because it self-perpetuates crime and does not address underlying or systemic causes of crime. Despite the widespread popularity of "law and order" ideas and approaches between the 1960s to the 1980s exemplified by presidential candidates including Richard Nixon and Ronald Reagan running successfully on a "tough-on-crime" platform, statistics on crime showed a significa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penal Populism
Penal populism is a media driven political process whereby politicians compete with each other to impose tougher prison sentences on offenders based on a perception that crime is out of control. It tends to manifest in the run up to elections when political parties put forward hard-line policies which they believe the public wants, rather than evidence based policies based on their effectiveness at dealing with crime and associated social problems. Origins The phrase was coined in 1993 by Anthony Bottoms, when he labeled it one of the four main influences on contemporary criminal justice. It is a process that ignores or minimizes the views of criminologists, justice professionals and penal experts, claiming instead to represent the views of “the people” about the need for tougher punishment for criminal offending. It has been theorized that the rise of penal populism has brought an increase in the repressiveness of various nation's criminal laws, including that of the UK, Can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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