Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judicial review. Although decisions holding statutes unconstitutional are these days considered instances of a distinct judicial power of review, Hamburger shows that they were once understood merely as instances of a broader judicial duty. The book’s focus on judicial duty overturns the familiar debate about judicial power. The book is therefore essential reading for anyone concerned about the proper role of the judiciary. Hamburger lays the foundation for his argument by explaining the common law ideals of law and judicial duty. He shows that the law of the land was understood to rest on the authority of the lawmaker and that what could not be discerned within the law of the land was not considered legally binding. He then shows that judges had a duty to decide in accord with the law of the land. These two ideals—law and judicial duty—together established and limited what judges could do. By reviving an understanding of these common law ideals, Law and Judicial Duty calls into question the modern assumption that judicial review is a power within the judges’ control. Indeed, the book shows that what is currently considered a distinct power of review was once understood as a matter of duty—the duty of judges to decide in accord with the law of the land. The book thereby challenges the very notion of judicial review. It shows that judges had authority to hold government acts unconstitutional, but that they enjoyed this power only to the extent it was required by their duty.In laying out the common law ideals, and in explaining judicial review as an aspect of judicial duty, Law and Judicial Duty reveals a very different paradigm of law and of judging than prevails today. The book, moreover, sheds new light on a host of misunderstood problems, including intent, manifest contradiction, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

"This book examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Indonesia; Mexico; and the European Union. The book considers five different theories, which help to explain the origins of judicial review, and it identifies which theories apply best in the various countries discussed. It considers not on what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over times. The positive account of what causes the origins and growth of judicial review in so many very different countries over such a long period of time has normative implications"--

Cherif Bassiouni is often referred to as "the father of international criminal law." Every major international criminal law instrument developed in the last forty years, from the Torture Convention to the Statute of the International Criminal Court, bears his hallmark. His writings, diplomatic initiatives, fieldwork, and even litigation have made an unparalleled contribution to the emergence of international criminal law as a distinct discipline within the field of international law. This book contains a collection of fifteen scholarly essays, written by leading experts from around the world, about the theory and practice of modern international criminal law, with a focus on Cherif Bassiouni's unique legacy within this important area. Among the contributing authors are Louise Arbour, UN High Commissioner for Human Rights; Mahnoush Arsanjani, Chief of the UN Office of Legal Affairs Codification Division; Diane Orentlicher, UN Independent Expert on Combating Impunity; Michael Reisman, former President of the Inter-American Commission for Human Rights; Yves Sandoz, Director for International Law of the International Committee of the Red Cross; William Schabas, Member of the Sierra Leone Truth Commission; Brigitte Stern, Advocate for the Bosnians in the World Court's Genocide case; and Prince Hassan bin Talal, first President of the Assembly of States Parties of the International Criminal Court.

Writing in the sixth edition of this Handbook, author Michael Fordham described his ambition when writing the first edition (and indeed all subsequent editions) of this book as "to read as many judicial review cases as I could and to try to extract, classify and present illustrations and statements of principle". Behind this aim lay the practitioner's overwhelming need to know and understand the case-law. Without it, as Fordham says "much can be achieved in public law through instinct, experience and familiarity with general principles which are broad, flexible and designed to accord with common sense". But with knowledge of the case law comes the vital ability to be able to point to and rely on an authoritative statement of principle and working illustration. Knowing the case-law is crucial: "the challenge is to find it". This, the sixth edition of the Handbook, continues the tradition established by earlier editions, in rendering the voluminous case-law accessible and knowable. This Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the sixth edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Their impact, and the plethora of cases which explore their meaning and application, were fully analysed and evaluated in the previous edition, but this time around their importance has grown exponentially and is reflected in even greater attention being given to their respective roles. Attention is also given to another new development - the coming into existence of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the early signs from a Court that is expected to be one of the key influences in the development of judicial review in the modern era. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition)

Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.

10 The right to life

Upon his retirement from active service as a Justice of the Supreme Court of Virginia in 2011, Justice Koontz had completed more than four decades of service to citizens of the Commonwealth of Virginia. In order to recognize that service and help preserve Justice Koontz legacy as one of the outstanding jurists in Virginia and the United States, the Salem/Roanoke County Bar Association instituted this project to collect all of Justice Koontz's published opinions, both from his tenure as a Justice of the Supreme Court and as an inaugural member of the Court of Appeals of Virginia. The fifth volume to be produced by the Opinions Project includes opinions, concurrences and dissents authored by Justice Koontz during the middle years of his service as a Justice of the Supreme Court of Virginia. It is dedicated to the honor of Harry Lee Carrico, the long-time Chief Justice of the Court who retired during the time of the reports contained in the volume.