Court And Its Critics


Court And Its Critics
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Court And Its Critics


Court And Its Critics
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Author : Paola Ugolini
language : en
Publisher: University of Toronto Press
Release Date : 2020

Court And Its Critics written by Paola Ugolini and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with History categories.


The Court and Its Critics focuses on the disillusionment with courtliness, the derision of those who live at court, and the open hostility toward the court, themes common to Renaissance culture.



The Warren Court Its Critics


The Warren Court Its Critics
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Author : Clifford M. Lytle
language : en
Publisher:
Release Date : 1970

The Warren Court Its Critics written by Clifford M. Lytle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with categories.




The Warren Court Its Critics


The Warren Court Its Critics
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Author : Clifford M. Lytle
language : en
Publisher:
Release Date : 1989

The Warren Court Its Critics written by Clifford M. Lytle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with categories.




The Hollow Hope


The Hollow Hope
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Author : Gerald N. Rosenberg
language : en
Publisher: University of Chicago Press
Release Date : 2008-09-15

The Hollow Hope written by Gerald N. Rosenberg 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 2008-09-15 with Political Science categories.


In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.



The European Court Of Justice And Its Critics


The European Court Of Justice And Its Critics
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Author : Anthony Arnull
language : en
Publisher: Hart Publishing
Release Date : 2023-12-14

The European Court Of Justice And Its Critics written by Anthony Arnull and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-14 with Law categories.


This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court Justice has had a transformative effect on EU Law, but not without controversy. This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.



The European Court Of Human Rights And Its Discontents


The European Court Of Human Rights And Its Discontents
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Author : Spyridon Flogaitis
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01

The European Court Of Human Rights And Its Discontents written by Spyridon Flogaitis 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 2013-01-01 with Political Science categories.


The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.



The Myth Of Judicial Activism


The Myth Of Judicial Activism
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Author : Kermit Roosevelt
language : en
Publisher: Yale University Press
Release Date : 2008-01-01

The Myth Of Judicial Activism written by Kermit Roosevelt 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 2008-01-01 with Law categories.


Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.



Mr Justice Black And His Critics


Mr Justice Black And His Critics
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Author : Tinsley E. Yarbrough
language : en
Publisher: Durham : Duke University Press
Release Date : 1988

Mr Justice Black And His Critics written by Tinsley E. Yarbrough and has been published by Durham : Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Biography & Autobiography categories.


Many jurists give lip service to the idea that judicial interpretation of constitutional provisions should be based on the intent of the framers. Few, if any, have been as faithful to that conception as Hugo Black, a U.S. Senator from Alabama. Once on the court, he played a leading role in establishing freedom of speech and other guarantees the interpretation he (and others) believed were warranted by the language and intent of the framers. Late in his career, however, Black's commitment to literalism and intent led him to assume apparently conservative positions in civil liberties cases. The author analyzes Black's judicial and constitutional philosophy, as well as his approach to specific cases, through the eyes of Black's critics and through an assessment of scholarly opinion of his jurisprudence. -- from book jacket.



Criticism Of The European Court Of Human Rights


Criticism Of The European Court Of Human Rights
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Author : Patricia Popelier
language : en
Publisher:
Release Date : 2016

Criticism Of The European Court Of Human Rights written by Patricia Popelier and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Civil rights categories.


The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.



Taking Rights Seriously


Taking Rights Seriously
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2018-06-25

Taking Rights Seriously written by Ronald Dworkin 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 2018-06-25 with Philosophy categories.


What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.