A Distinct Judicial Power
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A Distinct Judicial Power
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Author : Scott Douglas Gerber
language : en
Publisher: Oxford University Press
Release Date : 2011-01-10
A Distinct Judicial Power written by Scott Douglas Gerber and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-10 with Law categories.
A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.
A Distinct Judicial Power
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Author : Scott Douglas Gerber
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-05-05
A Distinct Judicial Power written by Scott Douglas Gerber and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-05 with History categories.
This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.
Judicial Power Democracy And Legal Positivism
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Author : Tom D. Campbell
language : en
Publisher: Routledge
Release Date : 2017-03-02
Judicial Power Democracy And Legal Positivism written by Tom D. Campbell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.
Perceptions Of The Independence Of Judges In Europe
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Author : Frans van Dijk
language : en
Publisher: Springer Nature
Release Date : 2020-12-14
Perceptions Of The Independence Of Judges In Europe written by Frans van Dijk and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-14 with Political Science categories.
This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.
American Judicial Power
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Author : Michael Buenger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
American Judicial Power written by Michael Buenger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-27 with Law categories.
American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
The Australian Judiciary
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Author : Enid Campbell
language : en
Publisher: Cambridge University Press
Release Date : 2012-11-27
The Australian Judiciary written by Enid Campbell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-27 with Law categories.
This definitive survey of the Australian judiciary describes and evaluates the work, techniques, problems and future of courts and judges.
Strong Constitutions
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Author : Maxwell Cameron
language : en
Publisher: OUP USA
Release Date : 2013-07-11
Strong Constitutions written by Maxwell Cameron and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-11 with Political Science categories.
A bold argument that constitutional states are not weaker because their powers are divided — they are often stronger because they solve collective action problems rooted in speech and communication.
The History And Growth Of Judicial Review Volume 1
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Author : Steven Gow Calabresi
language : en
Publisher: Oxford University Press
Release Date : 2021-04-13
The History And Growth Of Judicial Review Volume 1 written by Steven Gow Calabresi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-13 with Law categories.
This two-volume set 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, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume One discusses the G-20 common law countries and Israel.
The Cloaking Of Power
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Author : Paul O. Carrese
language : en
Publisher: University of Chicago Press
Release Date : 2010-02-15
The Cloaking Of Power written by Paul O. Carrese and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-15 with Law categories.
How did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.
The Supreme Court Of Pennsylvania
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Author : John J. Hare
language : en
Publisher: Penn State Press
Release Date : 2018-01-24
The Supreme Court Of Pennsylvania written by John J. Hare and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-24 with Law categories.
Established in 1684, over a century before the Commonwealth, Pennsylvania’s Supreme Court is the oldest appellate court in North America. This balanced, comprehensive history of the Court examines over three centuries of legal proceedings and cases before the body, the controversies and conflicts with which it dealt, and the impact of its decisions and of the case law its justices created Introduced by constitutional scholar Ken Gormley, this volume describes the Supreme Court’s structure and powers and focuses at length on the Court’s work in deciding notable cases of constitutional law, civil rights, torts, criminal law, labor law, and administrative law. Through three sections, “The Structure and Powers of the Supreme Court,” “Decisional Law of the Supreme Court,” and “Reporting Supreme Court Decisions,” the contributors address the many ways in which the Court and its justices have shaped life and law in Pennsylvania and beyond. They consider how it has adjudicated new and complex issues arising from some of the most notable events and tragedies in American history, including the struggle for religious liberty in colonial Pennsylvania, the Revolutionary War, slavery, the Johnstown Flood, the Homestead Steel Strike and other labor conflicts, both World Wars, and, more recently, the dramatic rise of criminal procedural rights and the expansion of tort law. Featuring an afterword by Chief Justice Saylor and essays by leading jurists, deans, law and history professors, and practicing attorneys, this fair-minded assessment of the Court is destined to become a criterion volume for lawmakers, scholars, and anyone interested in legal history in the Keystone State and the United States.