Courting Constitutionalism
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Courting Constitutionalism
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Author : Moeen Cheema
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-16
Courting Constitutionalism written by Moeen Cheema 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 2021-12-16 with Law categories.
Presents a deeply contextualized account of public law and judicial review in Pakistan.
The Supreme Court And The Idea Of Constitutionalism
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Author : Steven Kautz
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-11-29
The Supreme Court And The Idea Of Constitutionalism written by Steven Kautz and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-29 with Political Science categories.
From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of—and the persistent tensions between—constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
The Supreme Court And Constitutional Democracy
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Author : John Agresto
language : en
Publisher: Cornell University Press
Release Date : 2016-10-15
The Supreme Court And Constitutional Democracy written by John Agresto and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-15 with Law categories.
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
The Supreme Court And American Constitutionalism
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Author : Bradford P. Wilson
language : en
Publisher: Rowman & Littlefield
Release Date : 1998
The Supreme Court And American Constitutionalism written by Bradford P. Wilson and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as 'republican school master, ' analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government
Taking The Constitution Away From The Courts
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2000-07-24
Taking The Constitution Away From The Courts written by Mark Tushnet 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 2000-07-24 with Law categories.
Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
Constitutionalism In Asia In The Early Twenty First Century
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Author : Hongyi Chen
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-17
Constitutionalism In Asia In The Early Twenty First Century written by Hongyi Chen 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 2014-04-17 with History categories.
A systematic and up-to-date account of constitutional developments in sixteen Asian countries, including analysis from a comparative perspective.
Judges As Guardians Of Constitutionalism And Human Rights
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Author : Martin Scheinin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-04-29
Judges As Guardians Of Constitutionalism And Human Rights written by Martin Scheinin 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 2016-04-29 with LAW categories.
There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
A Citizen S Guide To The Constitution And The Supreme Court
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Author : Morgan Marietta
language : en
Publisher: Routledge
Release Date : 2013-08-15
A Citizen S Guide To The Constitution And The Supreme Court written by Morgan Marietta and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-15 with Political Science categories.
The U.S. Constitution is a blueprint for a free society as well as a source of enduring conflict over how that society must be governed. The competing ways of reading our founding document shape the decisions of the Supreme Court, which acts as the final voice on constitutional questions. This breezy, concise guide explains the central conflicts that frame our constitutional controversies, written in clear non-academic language to serve as a resource for engaged citizens, both inside and outside of an academic setting. After covering the main points of conflict in constitutional law, Marietta gives readers an overview of the perspectives from the leading schools of constititional interpretation--textualism, common law constitutionalism, originalism, and living constitutionalism. He then walks through the points of conflict and competing schools of thought in the context of several landmark cases and ends with advice to readers on how to interpret constitutional issues ourselves.
The Cult Of The Court
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Author : John Brigham
language : en
Publisher: Temple University Press
Release Date : 1991-02-25
The Cult Of The Court written by John Brigham and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-02-25 with Law categories.
In recent years widespread attention has been focused on decisions handed down by the Supreme Court that grapple with passionate issues: integration, school prayer, abortion, affirmative action. The appointment of new justices is a highly charged political event although the Court is supposed to be "above" politics. Amidst the bicentennial celebration of the Constitution and almost daily reports of major confrontations awaiting the highest court’s judicial review, John Brigham presents a fresh and innovative examination of the U.S. Supreme Court as the final arbiter of constitutional interpretation. Drawing on philosophy and anthropology, The Cult of the Court offers a social scientific investigation of an institution whose authority has come to be taken for granted. The author emphasizes that the Court is an institution and that its authority is founded less in the claim of legal expertise than in hierarchical finality—the assertion of political will, not of legal judgment. He shows how the Court has supplanted the Constitution as the authority in our political world and that what makes legal "sense" is affected by these factors of institutionalization, bureaucratization, and court-dominated constitutionalism.
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.