Right, Justice All books
n this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders.
Should the judicial system be reformed ? This question is at the centre of lively debates. It is to institutions such as the chancellery, courts of law and magistrates, that it falls to forge the judicial system, the deliverer of order, equilibrium and social cohesion. However, these institutions seem today to be weak, both in terms of organisation, and in methods of recruitment. It is thus necessary that changes are made. This is especially so as the duty of the judicial system is to operate in such a way that all individuals remain citizens, by delivering them judgements in a reasonable timescale which are certain to be respected. In this respect, it is a public service. The objective of this book is to assess the forms and the effects of a decisive reform in order to benefit our society.
European competition law, in support of pluralism
Jean Gallot was born at the beginning of the century and studied in Paris. He rapidly made a reputation for himself as one of the most brilliant lawyers of his generation. In this book, he reflects upon the copious experiences of a lifetime, the cases he so ardently defended and his meetings with famous people of the time. This is a precious record of an era, as well as of a profession that is currently undergoing major changes in France.
The multiplying cases, the explosion of litigations, the sensational trials which catch the attention of the public : all are evidence of a growth in power of the judicial system, which we expect to be, at the same time, the arbiter of morals, the guarantee of public morality and responsible for the salvation of the people. But why dont we ask what things it cannot provide ? Isnt the idea of a judicial democracy just an illusion, which serves to hide serious problems ? The power of the judicial system is more worrying than exciting. It is an indicator of the discreditation of the State at the same time as a reduction in social cohesion. In the face of the fragility of democratic society, this book is a thorough reflection on the exercise of public power, affirming that the real role of the judge is not to take the place of the politic, but to diffuse the risk of democratic implosion by remaining the guardian of the promises at the very heart of republican laws. Antoine Garapon, a former judge and member of the editorial team of the journal Esprit, is the head of the Institute of Advanced Judicial Studies.