Ativismo Judicial Principialista E O Mandado De Injun O
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The Global Model Of Constitutional Rights
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Author : Kai Möller
language : en
Publisher: Oxford University Press
Release Date : 2012-10-25
The Global Model Of Constitutional Rights written by Kai Möller 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 2012-10-25 with Law categories.
The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
The New Separation Of Powers
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Author : Eoin Carolan
language : en
Publisher: Oxford University Press on Demand
Release Date : 2009-10-08
The New Separation Of Powers written by Eoin Carolan and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-08 with Language Arts & Disciplines categories.
This book offers a radical and provocative revision of the theory of separation of powers. It argues that, although designed to protect democracy, separation of powers is often used today to undermine it by concealing and centralising the exercise of power by public officials. The theory is then reinvented for the modern regulatory state.
The Warren Court And The Pursuit Of Justice
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Author : Morton J. Horwitz
language : en
Publisher: Macmillan
Release Date : 1999-04-30
The Warren Court And The Pursuit Of Justice written by Morton J. Horwitz and has been published by Macmillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-04-30 with Biography & Autobiography categories.
A study of the Supreme Court under the leadership of Chief Justice Earl Warren, from 1953 to 1969, discussing the impact of the liberal court's civil rights and civil liberties decisions on American constitutional law.
Original Intent And The Constitution
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Author : Gregory Bassham
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 1992
Original Intent And The Constitution written by Gregory Bassham and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
'Writing with admirable lucidity and disposing a wide knowledge of technical questions in philosophy as well as of legal theory and constitutional history, Bassham competently distinguishes the quite distinct ideas that go, or could go, under the name of originalism.' -s CANADIAN PHILOSOPHICAL REVIEWS
The Global Expansion Of Judicial Power
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Author : C Neal Tate
language : en
Publisher: NYU Press
Release Date : 1997-06-01
The Global Expansion Of Judicial Power written by C Neal Tate and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-01 with Political Science categories.
In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
Battle For Justice
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Author : Ethan Bronner
language : en
Publisher: Sterling Publishing Company
Release Date : 2007
Battle For Justice written by Ethan Bronner and has been published by Sterling Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with History categories.
When President Reagan nominated Robert Bork to the Supreme Court, it was the spark that fueled a months-long firestorm during which liberals and conservatives battled fiercely over Reagan’s choice, each trying to gain control of the nation’s judicial future. The American public, captivated by this struggle for power, weighed in with an unprecedented outpouring of mail and telephone calls to the United States Senate arguing both pro- and con- positions. Based on scores of interviews with key figures and a shrewd analysis of the issues, then-Boston Globe reporter Ethan Bronner chronicles this engrossing story of a titanic struggle for political power. It features key players such as Senators Joseph Biden and Edward Kennedy, with the latter leading the fight against the appointment using savvy Madison Avenue style strategies; a Justice Department desperate to hold its ground; a shocked White House staff, caught off-guard; and of course Bork himself, who insisted that "the process of confirming justices for our nations highest court has been transformed in a way that should not and indeed must not be permitted to occur again.” Featuring a new epilogue, "Where Are They Now?”
Towards Juristocracy
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Author : Ran Hirschl
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Towards Juristocracy written by Ran Hirschl and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
On Reading The Constitution
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Author : Laurence H. TRIBE
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
On Reading The Constitution written by Laurence H. TRIBE and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Political Science categories.
Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.
The Least Dangerous Branch
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Author : Alexander M. Bickel
language : en
Publisher: Yale University Press
Release Date : 1986-09-10
The Least Dangerous Branch written by Alexander M. Bickel and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986-09-10 with Law categories.
This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court’s power. In this way he accomplishes his stated purpose: “to have the Supreme Court’s exercise of judicial review better understood and supported and more sagaciously used.” The book now includes new foreword by Henry Wellington.Reviews of the Earlier Edition:“Dozens of books have examined and debated the court’s role in the American system. Yet there remains great need for the scholarship and perception, the sound sense and clear view Alexander Bickel brings to the discussion.... Students of the court will find much independent and original thinking supported by wide knowledge. Many judges could read the book with profit.” -Donovan Richardson, Christian Science Monitor“The Yale professor is a law teacher who is not afraid to declare his own strong views of legal wrongs... One of the rewards of this book is that Professor Bickel skillfully knits in "ations from a host of authorities and, since these are carefully documented, the reader may look them up in their settings. Among the author’s favorites is the late Thomas Reed Powell of Harvard, whose wit flashes on a good many pages.” -Irving Dillard, Saturday ReviewAlexander M. Bickel was professor of law at Yale University.
On Constitutional Ground
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Author : John Hart Ely
language : en
Publisher: Princeton University Press
Release Date : 1996-08-05
On Constitutional Ground written by John Hart Ely and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-08-05 with Law categories.
John Hart Ely is a leading contemporary writer on political theory from the standpoint of American constitutional law. This collection covers a full range of topics of constitutional interpretation: federalism, separation of powers, freedom of expression, religious freedom, criminal procedure, racial discrimination, "substantive due process," and honesty in government. Organized under these heads and linked by the author's witty explanatory and autobiographical remarks, the essays and other documents--many previously unpublished in any forum--range chronologically over the past three decades, from memoranda he wrote as a student working with lead counsel Abe Fortas on the landmark case of Gideon v. Wainwright to a comment on the constitutional implications of the O. J. Simpson verdict. Before beginning his academic career, Ely was the junior member of the Warren Commission's sixteen-lawyer staff, Chief Justice Earl Warren's law clerk, and a public defender in San Diego; and during the Ford Administration he took time off to serve as the third-ranking official of the U.S. Department of Transportation. This book reflects his various experience. It comments on many of the past quarter century's "hot button" issues--including abortion, affirmative action, anti-Communist legislation, busing, flag burning, governmental display of nativity scenes, the Nixon impeachment, "trial by newspaper," the Clarence Thomas-Anita Hill contretemps, congressionally unauthorized war in the Persian Gulf and Bosnia, and whether the Warren Commission Report should be officially reexamined.