Constraining The Court
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Constraining The Court
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Author : James B. Kelly
language : en
Publisher: UBC Press
Release Date : 2024-05-01
Constraining The Court written by James B. Kelly and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-01 with Law categories.
When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.
Judicial Review In New Democracies
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-23
Judicial Review In New Democracies written by Tom Ginsburg 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 2003-07-23 with Law categories.
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Constraining The Court
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Author : James Bernard Kelly
language : en
Publisher:
Release Date : 2024
Constraining The Court written by James Bernard Kelly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Canada categories.
"When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? "Constraining the Court" explores what happens when a statute involving a significant public policy issue--French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying--is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome."--
Rationing The Constitution
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Author : Andrew Coan
language : en
Publisher: Harvard University Press
Release Date : 2019-04-29
Rationing The Constitution written by Andrew Coan 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 2019-04-29 with Law categories.
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
The Constrained Court
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Author : Michael A. Bailey
language : en
Publisher: Princeton University Press
Release Date : 2011-08-22
The Constrained Court written by Michael A. Bailey 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 2011-08-22 with Law categories.
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.
Routledge Handbook Of Judicial Behavior
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Author : Robert M. Howard
language : en
Publisher: Routledge
Release Date : 2017-10-02
Routledge Handbook Of Judicial Behavior written by Robert M. Howard and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-02 with Political Science categories.
Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective. Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.
Checking The Courts
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Author : Kirk A. Randazzo
language : en
Publisher: SUNY Press
Release Date : 2014-07-31
Checking The Courts written by Kirk A. Randazzo and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-31 with Political Science categories.
Examines and measures the extent to which statutory language affects judicial behavior. How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.
Defenders Of Liberty Or Champions Of Security
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Author : Kirk A. Randazzo
language : en
Publisher: State University of New York Press
Release Date : 2010-03-24
Defenders Of Liberty Or Champions Of Security written by Kirk A. Randazzo and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-24 with Political Science categories.
Examines the critical role assumed by the U. S. judiciary in balancing concerns about national security with the protection of liberty after the terrorist attacks of September 11, 2001.
The Legal Instituional And Political Factors Of Congressional Court Curbing
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Author : Lisa Hager
language : en
Publisher:
Release Date : 2016
The Legal Instituional And Political Factors Of Congressional Court Curbing written by Lisa Hager and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Judicial process categories.
One of the ways the U.S. Congress attempts to constrain the Supreme Court's decision-making is through the introduction of Court-curbing legislation - bills that seek to limit judicial power. An underexplored relationship involves the public policy motivations behind Congress introducing Court-curbing bills and the Supreme Court responding to these bills. It is unclear when ideologically adverse judicial decisions are met with Court-curbing legislation as compared to other types of responses, such as overrides. Of further interest is determining when Congress uses the bills as position-taking endeavors or strategic attempts to shape public policy and influence the ideological content of judicial decisions. Additionally, it is unknown how the content of Court-curbing bills influences why the Court responds and for what reason. Accordingly, this study analyzes the introduction of Court-curbing legislation by Congress and responses by the Supreme Court from 1975-2008 (94th-110th Congresses). First, it is expected that ideological disagreement with judicial decisions and institutional conditions restricting the legislature's ability to override rulings - specifically legislative gridlock - influence the frequency of Court-curbing bills being introduced to pursue policy preferences. Second, Court-curbing bills - especially proposals that attempt to harness judicial power - are postulated to serve as a signal to the Court of the potential of a legislative override; however, responses by the justices are dictated by institutional conditions - particularly legislative gridlock - that signal the possibility of a reversal. Results suggest that ideological disagreement between the two branches and adverse decisions handed down by the Court lead to the introduction of Court-curbing bills, especially those that attempt to harness the Court's policymaking power. Although ideological disagreement with Congress leads to judicial deference to legislative preferences, the Court and the individual justices are relatively unresponsive to Congress and Court-curbing bills. Additionally, contrary to expectations, legislative gridlock does not increase attempts to manipulate the ideological content of judicial decisions through Court-curbing legislation nor decrease judicial responsiveness to such proposals. Despite these unexpected findings, the dissertation research contributes to the literature by positing and empirically testing an alternative, policy-oriented explanation for the introduction of Court-curbing bills and the Court's response to the legislation that also takes into account the content of the proposals. Thus, the research is directed at uniting two related, but distinct, bodies of literature on Court-Congress relations and providing a more complete view of the dynamics of Court-curbing.
Constitutional Politics And The Judiciary
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Author : Kálmán Pócza
language : en
Publisher: Routledge
Release Date : 2018-11-19
Constitutional Politics And The Judiciary written by Kálmán Pócza and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-19 with Law categories.
Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court’s decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.