The Divergence in Appellate Courts' Reactions to Larger Workloads

2011 ◽  
Author(s):  
Adam Chilton ◽  
Rachel Crouch ◽  
Shay Lavie
Keyword(s):  
Appellate Courts

Localist Constitutionalism

2018 ◽  
Author(s):  
William E. Nelson
Keyword(s):  
Central Government ◽  
Local Institutions ◽  
Appellate Courts ◽  
Law And Policy ◽  
Large Colony ◽  
The Supreme Court ◽  
Lower Courts ◽  
Bureaucratic Institutions ◽  
Primary Institutions ◽  
County Courts

This chapter shows that, in the absence of bureaucratic institutions, courts were the primary institutions by which central political authorities could enforce law and policy in localities. The courts, in turn, were local institutions under local control in every colony except, perhaps, Pennsylvania. In many colonies juries that determined both law and fact used their power to nullify legislation and other commands of central government. In other colonies, county courts were self-perpetuating bodies whose judges felt free to ignore the commands of appellate courts and other central authorities. Other colonies were so small that power was necessarily local in nature. Pennsylvania was the only large colony in which the Supreme Court controlled the work of lower courts, but its authority was also under challenge.

India

2018 ◽  
Author(s):  
Shreya Atrey
Keyword(s):  
Human Rights ◽  
Final Analysis ◽  
Case Law ◽  
Social Model ◽  
Disability Rights ◽  
Appellate Courts ◽  
Persons With Disabilities ◽  
High Courts ◽  
The Supreme Court ◽  
Domestic Law

This chapter provides an expository account of Indian appellate courts’ engagement with the Convention on the Rights of Persons with Disabilities (CRPD) and the developing case law on disability rights. As a dualist State, India has ratified but not incorporated the CRPD into its domestic law. This has not deterred frequent references to the CRPD in litigation at the highest level. The appellate courts—High Courts and the Supreme Court—have resorted to the CRPD in diverse ways. The analysis of the small but not insignificant body of case law shows that these instances can be classified into two broad themes of ‘citation’ and ‘interpretation’. In the final analysis, the overall impact of references to the CRPD can be considered largely positive but still modest in the absence of new legislation embracing the human rights framework and social model of the CRPD in India.

On the Desirability of Appellate Courts

2006 ◽  
Vol 2 (3) ◽  
Author(s):  
Moshe Bar Niv ◽  
Zvi Safra
Keyword(s):  
Appellate Courts

Do appellate courts regularly cheat?

1997 ◽  
Vol 16 (2) ◽  
pp. 11-19 ◽  
Author(s):  
M.B.E. Smith
Keyword(s):  
Appellate Courts

Law and land conflict in emerging market economies: Ethiopia, 2014–2018

2020 ◽  
Author(s):  
Mekonnen Firew Ayano
Keyword(s):  
Emerging Market ◽  
Land Rights ◽  
Appellate Courts ◽  
Land Conflicts ◽  
Land Conflict ◽  
Constitutional Review ◽  
Land Dispossession ◽  
Western Development ◽  
Lower Courts ◽  
The Cold War

Abstract Since the end of the Cold War, the World Bank and other Western development agencies have prescribed restructuring land rights in post-communist economies to promote land markets, with the goal of alleviating poverty and social conflicts. But restructuring land rights in such settings is more difficult than it may seem. Ethiopia’s efforts in this area have produced disparate laws that have exacerbated both the intensity and the frequency of land conflicts. This article analyzes all land cases decided by the Council of Constitutional Inquiry (CCI) and the House of Federation (HoF), Ethiopia’s constitutional review bodies, from 1998 to 2018. It shows that from 1998 to 2014, the trial and appellate courts were favorably disposed toward the policies of international financial agencies, and that the CCI and the HoF acquiesced. However, starting in 2014, following a countrywide protest connected to land dispossession, the CCI and the HoF have reversed the lower courts’ judgements by invoking constitutional clauses declaring that land belongs to the Ethiopian nations and that it cannot be alienated. The country’s experience reveals the perils of restructuring land rights without paying close attention to distributive concerns and the needs of those who end up being excluded from property access.

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