Beyond High Courts
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Beyond High Courts
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Author : Matthew C. Ingram
language : en
Publisher: University of Notre Dame Pess
Release Date : 2019-05-15
Beyond High Courts written by Matthew C. Ingram and has been published by University of Notre Dame Pess this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-15 with Political Science categories.
Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region’s large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes those changes, and what consequences they have. The volume also pays close attention to how justice institutions function as a system, exploring institutional interactions across branches and among levels of government (subnational, national, supranational) and analyzing how they help to shape, and are shaped by, politics and law. Incorporating the institutions examined in the volume into the literature on comparative legal institutions deepens our understanding of justice systems and how their component institutions can both bolster and compromise democracy and the rule of law. Contributors: Matthew C. Ingram, Diana Kapiszewski, Azul A. Aguiar-Aguilar, Ernani Carvalho, Natália Leitão, Catalina Smulovitz, John Seth Alexander, Robert Nyenhuis, Sídia Maria Porto Lima, José Mário Wanderley Gomes Neto, Danilo Pacheco Fernandes, Louis Dantas de Andrade, Mary L. Volcansek, and Martin Shapiro.
Beyond Suspicion
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Author : Francis T. Seow
language : en
Publisher:
Release Date : 2006
Beyond Suspicion written by Francis T. Seow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Beyond The Supreme Court
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Author : Bob Hartford
language : en
Publisher:
Release Date : 1968
Beyond The Supreme Court written by Bob Hartford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Criminal justice, Administration of categories.
Judges Beyond Politics In Democracy And Dictatorship
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Author : Lisa Hilbink
language : en
Publisher: Cambridge University Press
Release Date : 2007-07-23
Judges Beyond Politics In Democracy And Dictatorship written by Lisa Hilbink 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 2007-07-23 with Law categories.
Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.
Fragile Bastion
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Author : Helen Cunningham
language : en
Publisher:
Release Date : 1997
Fragile Bastion written by Helen Cunningham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
Published by the Judicial Commission of New South Wales. This book is no longer available from The Federation Press. To purchase a copy or for further information, please contact the Judicial Commission on email [email protected], putting "Fragile Bastion" or "publishing" in the subject line.
Populist Challenges To Constitutional Interpretation In Europe And Beyond
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Author : Fruzsina Gárdos-Orosz
language : en
Publisher: Routledge
Release Date : 2021-05-03
Populist Challenges To Constitutional Interpretation In Europe And Beyond written by Fruzsina Gárdos-Orosz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-03 with Business & Economics categories.
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Beyond Constitutionalism
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Author : Nico Krisch
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-10-28
Beyond Constitutionalism written by Nico Krisch 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 2010-10-28 with Law categories.
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Reimagining The Judiciary
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Author : Maria C. Escobar-Lemmon
language : en
Publisher: Oxford University Press
Release Date : 2021
Reimagining The Judiciary written by Maria C. Escobar-Lemmon 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 with Political Science categories.
This book examines the factors that facilitate the inclusion of women on high courts, while recognizing that many courts have a long way to go before reaching gender parity. Why did women start appearing on high courts when they did? Where have women made the most significant strides?To address these questions, the authors built the first cross-national and longitudinal dataset on the appointment of women and men to high courts. In addition, they provide five in-depth country case studies us to unpack the selection of justices to high courts in Canada, Colombia, Ireland, SouthAfrica, and the United States. The cross-national lens and combination of quantitative analyses and detailed country studies examines multiple influences across region and time. Focusing on three sets of explanations - pipelines to high courts, domestic institutions, and international influences -analyses reveal that women are more likely to first appear on their country's high court when traditional ideas about who can and should be a judge erode. In some countries, international treaties, regional emulation, and women's international NGOs play a role in disseminating and linking globalnorms of gender equality in decision-making. Importantly, while informal institutions and reliance on men-dominated networks can limit access, women are making substantial strides in their countries' highest courts where the supply grows, and often where selectors have incentives to select women.Further, sustained pressure from advocacy organizations-at the local, national, and global levels-contributes to some gains.Comparative Politics is a series for researchers, teachers, and students of political science that deals with contemporary government and politics. Global in scope, books in the series are characterized by a stress on comparative analysis and strong methodological rigour. The series is published inassociation with the European Consortium for Political Research. For more information visitwww.ecprnet.eu http://www.ecprnet.euThe series is edited by Susan Scarrow, John and Rebecca Moores Professor of Political Science at the University of Houston, and Jonathan Slapin, Professor of Political Institutions and European Politics, Department of Political Science, University of Zurich.
Beyond Center Court
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Author : Tracy Austin
language : en
Publisher: William Morrow & Company
Release Date : 1992
Beyond Center Court written by Tracy Austin and has been published by William Morrow & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Tennis players categories.
The youngest U.S. Open singles champion in history tells about surviving the challenges that exist off the tennis court and shares how she was able to put her losses behind her and find new meaning and new rewards. 50,000 first printing. $50,000 ad/promo. Tour.
Judging Inequality
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Author : James L. Gibson
language : en
Publisher: Russell Sage Foundation
Release Date : 2021-08-31
Judging Inequality written by James L. Gibson and has been published by Russell Sage Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Political Science categories.
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.