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Collective Judging in Comparative Perspective - Counting Votes and Weighing Opinions (Hardcover): Wolfgang Ernst, Birke Hacker Collective Judging in Comparative Perspective - Counting Votes and Weighing Opinions (Hardcover)
Wolfgang Ernst, Birke Hacker
R2,975 Discovery Miles 29 750 Ships in 12 - 17 working days

This book provides unique insights into modern collective judicial decision-making. Courts all over the world sit in panels of several judges, yet the processes by which these judges produce the court's decision differ markedly. Judges from some of the world's most notable judicial bodies, in both the civilian and the common law tradition and from supra-/international courts, share their experiences and reflect on the challenges to which their collective endeavour gives rise. They address matters such as the question of panel constitution, the operation of rapporteur systems, pre-and post-hearing conferences, the hearing procedure itself, the nature of the interaction between the judicial panel and parties' advocates, the extent to which a unitary judgment of the court or at least a single majority judgment is required or deemed desirable, and how it is ultimately arrived at through different voting mechanisms. They allow the reader a unique inside view into the functioning of modern judicial bodies. The judges' chapters are supplemented by a series of comparative analyses and reflections on the lessons to be learnt from them. Collective Judging in Comparative Perspective thus also provides an ideal starting point for thinking about future court design.

Current Issues in Succession Law (Hardcover): Birke Hacker, C. Mitchell Current Issues in Succession Law (Hardcover)
Birke Hacker, C. Mitchell
R4,011 Discovery Miles 40 110 Ships in 10 - 15 working days

While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.

Consequences of Impaired Consent Transfers - A Structural Comparison of English and German Law (Hardcover): Birke Hacker Consequences of Impaired Consent Transfers - A Structural Comparison of English and German Law (Hardcover)
Birke Hacker
R3,614 Discovery Miles 36 140 Ships in 10 - 15 working days

Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Hacker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations. This book is a re-publication of a work first published by Mohr Siebeck in Germany.

Restitution of Overpaid Tax (Hardcover, New): Steven Elliott KC, Birke Hacker, C. Mitchell Restitution of Overpaid Tax (Hardcover, New)
Steven Elliott KC, Birke Hacker, C. Mitchell
R6,214 Discovery Miles 62 140 Ships in 12 - 17 working days

In Woolwich v IRC 1993] AC 70 (HL), the UK's House of Lords held that taxes unlawfully exacted by the Revenue are recoverable by the taxpayer as of right. However, the torrent of subsequent litigation and commentary demonstrates that many fundamental elements of the Woolwich principle still remain to be resolved. Colossal amounts of money hinge on these issues. The essays in this collection explore these issues of restitution of overpaid taxes from various perspectives - including the tax background, various private law claims, alternative public law approaches, defenses, and remedies - and in the light of leading cases from various jurisdictions, such as Australia, Canada, the EU, Germany, Ireland, and the UK. (Series: Hart Studies in Private Law - Vol. 5)

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