COMPARATIVE LAW
W.B. Fisch, Winter 1999
Assignment #14
Ch. 7) JUDICIAL REVIEW
review of judicial action
origins of French cassation in legislative review
origins of German revision in imperial review
review of administrative action
administrative vs. regular courts
single vs. multiple administrative hierarchies
review of legislative action (where provided for at all)
American model (18th c.): all courts (Latin America, Japan)
European model (20th c.): special courts (Germany, Italy, Spain, France)
A)
Judicial Review of Judicial Acts
scope of corrective power of reviewing court
types of error considered
fact
law
disposition
quash and remand (
cassation
)
render final judgment (
revision
other mechanisms for supervision
stare decisis
administrative supervision of individual judges (disciplinary mechanisms)
socialization
Civil Liability
Italian case p. 712: is such liability consistent with constitutional guarantee of independence?
historical precedent for civil liability
adequacy of safeguards for independence in new statute reintroducing it
individual claim against judge only for criminal act
otherwise (gross negligence or malice or denial of justice) claim against state, with limited right of reimbursement
Japanese case p. 719: action against the
state
-- any indication of a right of reimbursement?
Appeal to maintain uniformity of interpretation
French case p. 720: how is the issue of uniform interpretation involved here?
Spanish decision p. 723