Can Courts Be Bulwarks Of Democracy
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Can Courts Be Bulwarks Of Democracy
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Author : Jeffrey K. Staton
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-31
Can Courts Be Bulwarks Of Democracy written by Jeffrey K. Staton 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 2022-03-31 with Law categories.
This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Can Courts Be Bulwarks Of Democracy
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Author : Jeffrey K. Staton
language : en
Publisher:
Release Date : 2018
Can Courts Be Bulwarks Of Democracy written by Jeffrey K. Staton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Independent judges are thought to promote democratic regime survival by allowing perceived violations of rules limiting arbitrary power to be challenged non-violently in a fair setting, governed by transparent rules. Yet, judges are often subjected to public shaming and politically motivated removals. Courts are sometimes packed with partisan allies of the government, their jurisdiction is nearly always subject to political control and their decisions can be ignored. For all of these reasons, scholars have identied patterns of prudential decision-making that is sensitive to political interests even on the most well-respected courts in the world. If these forces all operate on judges, what, if any, are the conditions under which judges can be conceived of as defenders of democracy? How could judges subject to political pressures stabilize a democratic regime? This document summarizes a book that addresses these questions. We argue that despite these pressures judges can enhance regime stability by incentivizing prudence on behalf of elites, both those who control that state, i.e., leaders, and those on whose support leaders depend. Empirically, we leverage original data on judicial behavior, judicial institutions, and policy using a sample of all democratic political systems for over 100 years. We re-examine empirical claims of existing models of courts and democracy as well as original claims derived from our own work.
Judicial Activism
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Author : Christopher Wolfe
language : en
Publisher: Thomson Brooks/Cole
Release Date : 1991
Judicial Activism written by Christopher Wolfe and has been published by Thomson Brooks/Cole this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Judge-made law categories.
In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
Courts And Democracies In Asia
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Author : Po Jen Yap
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-28
Courts And Democracies In Asia written by Po Jen Yap 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 2017-09-28 with Law categories.
This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.
How To Save A Constitutional Democracy
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Author : Tom Ginsburg
language : en
Publisher: University of Chicago Press
Release Date : 2018-10-05
How To Save A Constitutional Democracy written by Tom Ginsburg 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 2018-10-05 with Law categories.
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Constitutional Idolatry And Democracy
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Author : Brian Christopher Jones
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
Constitutional Idolatry And Democracy written by Brian Christopher Jones 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 2020-06-26 with Law categories.
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
How Democracies Die
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Author : Steven Levitsky
language : en
Publisher: Crown
Release Date : 2018-01-16
How Democracies Die written by Steven Levitsky and has been published by Crown this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-16 with Political Science categories.
NEW YORK TIMES BESTSELLER • “Comprehensive, enlightening, and terrifyingly timely.”—The New York Times Book Review (Editors' Choice) WINNER OF THE GOLDSMITH BOOK PRIZE • SHORTLISTED FOR THE LIONEL GELBER PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The Washington Post • Time • Foreign Affairs • WBUR • Paste Donald Trump’s presidency has raised a question that many of us never thought we’d be asking: Is our democracy in danger? Harvard professors Steven Levitsky and Daniel Ziblatt have spent more than twenty years studying the breakdown of democracies in Europe and Latin America, and they believe the answer is yes. Democracy no longer ends with a bang—in a revolution or military coup—but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one. Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die—and how ours can be saved. Praise for How Democracies Die “What we desperately need is a sober, dispassionate look at the current state of affairs. Steven Levitsky and Daniel Ziblatt, two of the most respected scholars in the field of democracy studies, offer just that.”—The Washington Post “Where Levitsky and Ziblatt make their mark is in weaving together political science and historical analysis of both domestic and international democratic crises; in doing so, they expand the conversation beyond Trump and before him, to other countries and to the deep structure of American democracy and politics.”—Ezra Klein, Vox “If you only read one book for the rest of the year, read How Democracies Die. . . .This is not a book for just Democrats or Republicans. It is a book for all Americans. It is nonpartisan. It is fact based. It is deeply rooted in history. . . . The best commentary on our politics, no contest.”—Michael Morrell, former Acting Director of the Central Intelligence Agency (via Twitter) “A smart and deeply informed book about the ways in which democracy is being undermined in dozens of countries around the world, and in ways that are perfectly legal.”—Fareed Zakaria, CNN
Resilience Of Democracy
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Author : Anna Lührmann
language : en
Publisher: Taylor & Francis
Release Date : 2023-02-28
Resilience Of Democracy written by Anna Lührmann and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-28 with Political Science categories.
Illiberalism and authoritarianism have become major threats to democracy across the world. In response to this development, research on the causes and processes of democratic declines has blossomed. Much less scholarly attention has been devoted to the issue of democratic resilience. Why are some democracies more resilient than others to the current trend of autocratization? What role do institutions, actors and structural factors play in this regard? What options do democratic actors have to address illiberal and authoritarian challenges? This book addresses all these questions. The present introduction sets the stage by developing a new concept of democratic resilience as the ability of a democratic system, its institutions, political actors, and citizens to prevent or react to external and internal challenges, stresses, and assaults. The book posits three potential reactions of democratic regimes: to withstand without changes, to adapt through internal changes, and to recover without losing the democratic character of its regime and its constitutive core institutions, organizations, and processes. The more democracies are resilient on all four levels of the political system (political community, institutions, actors, citizens) the less vulnerable they turn out to be in the present and future. This edited volume will be of great value to students, academics, and researchers interested in politics, political regimes and theories, democracy and democratization, autocracy and autocratization, polarization, social democracy, and comparative government. The chapters in this book were originally published as a special issue of Democratization.
Consequential Courts
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Author : Diana Kapiszewski
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-08
Consequential Courts written by Diana Kapiszewski 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 2013-04-08 with Law categories.
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
Research Handbook On Law And Political Systems
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Author : Robert M. Howard
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
Research Handbook On Law And Political Systems written by Robert M. Howard 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 2023-11-03 with Law categories.
This Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.