Governing From The Bench
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Governing From The Bench
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Author : Emmett Macfarlane
language : en
Publisher: UBC Press
Release Date : 2013
Governing From The Bench written by Emmett Macfarlane and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with History categories.
In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.
Politics And The Bench
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Author : W. J. Jones
language : en
Publisher: Routledge
Release Date : 2020-10-27
Politics And The Bench written by W. J. Jones and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-27 with History categories.
Although there have been many studies of the English revolution and its more dramatic trials, until this book was published in 1971, little attention had been paid to the Long Parliament’s attempts to impeach a number of judges. This book describes how the judges became unpopular, selecting a number of themes – from the development of unanimous decision and opinions, to the role of the judges as agents and supervisors of government policies. The Long Parliament viewed them as the great instrument behind evil policies and believed they had attempted to usurp the power of legislation. Charles I is seen as placing too much reliance on his judges and his failure to realize that legality could not be a perpetual answer to political dissent in the end cost him his throne. The book is intended as an introduction for undergraduates.
Manipulating Courts In New Democracies
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Author : Andrea Castagnola
language : en
Publisher: Routledge
Release Date : 2017-10-31
Manipulating Courts In New Democracies written by Andrea Castagnola and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-31 with Political Science categories.
When can the Executive manipulate the composition of a Court? What political factors explain judicial instability on the bench? Using original field data from Argentina's National Supreme Court and all twenty-four Provincial Supreme Courts, Andrea Castagnola develops a novel theory to explain forced retirements of judges. She argues that in developing democracies the political benefits of manipulating the court outweigh the costs associated with doing so. The instability of the political context and its institutions causes politicians to focus primarily on short-term goals and to care mostly about winning elections. Consequently, judiciaries become a valuable tool for politicians to have under their control. Contrary to the predictions of strategic retirement theory, Castagnola demonstrates that there are various institutional and non-institutional mechanisms for induced retirement which politicians have used against justices, regardless of the amount of support their party has in Congress. The theoretical innovations contained herein shed much needed light on the existing literature on judicial politics and democratization. Even though the political manipulation of courts is a worldwide phenomenon, previous studies have shown that Argentina is the theory-generating case for studying manipulation of high courts.
Leaving The Bench
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Author : David Neal Atkinson
language : en
Publisher:
Release Date : 1999
Leaving The Bench written by David Neal Atkinson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Examining each of the nearly 100 men who have left the US Supreme Court, explores their resignations and retirements from the lifetime tenure. Considers the diverse circumstances under which they leave and clarifies why they often are reluctant to do so, finding factors such as pensions, party loyalty, and personal pride. Also relates physical ailments to mental faculties to explain how a justice's disability can affect Court decisions. Annotation copyrighted by Book News, Inc., Portland, OR
Felix Frankfurter
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Author : Helen Shirley Thomas
language : en
Publisher: JHU Press
Release Date : 2019-12-01
Felix Frankfurter written by Helen Shirley Thomas and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-01 with Biography & Autobiography categories.
Originally published in 1960. Felix Frankfurter, a controversial figure in American judicial history, completed more than twenty-one years of service on the Supreme Court. This book is the first extended treatment of his political performance as a justice. It portrays the influence that he, both as teacher and jurist, exerted in the growth of public law over fifty years. He has exerted his influence not only through his writing but also through his personal acquaintance with many important persons in and out of government service. Beyond examining the career of one man, Thomas opens up a wider window on the history of legal thought. The main value of the book, though, lies in its presentation of the philosophy of one leading twentieth-century educator and jurist.
Equality Before The Law Bench Book
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Author : Linda Daniele
language : en
Publisher:
Release Date : 2006
Equality Before The Law Bench Book written by Linda Daniele and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Equality before the law categories.
Governing From The Bench
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Author : Emmett Macfarlane
language : en
Publisher: UBC Press
Release Date : 2012-12-22
Governing From The Bench written by Emmett Macfarlane and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-22 with Law categories.
In Governing from the Bench, Emmett Macfarlane demystifies the inner workings of the Supreme Court of Canada. Drawing on interviews with current and former justices, law clerks, and other staff members of the court, Macfarlane sheds light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behaviour; and situates the court in a broader governmental and societal context. At once enlightening and engaging, Governing from the Bench is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians.
Governing With The Charter
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Author : James B. Kelly
language : en
Publisher: UBC Press
Release Date : 2011-11-01
Governing With The Charter 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 2011-11-01 with Law categories.
In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.
Judges In Street Clothes
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Author : Raymond J. McKoski
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2017-07-25
Judges In Street Clothes written by Raymond J. McKoski and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-25 with Law categories.
To maintain public confidence in the judiciary, judges are governed by the strictest of ethical codes. Codes of conduct not only circumscribe a judge’s official conduct but also restrict every aspect of a judge’s off-bench life. Judges in Street Clothes: Acting Ethically Off-the-Bench provides an in-depth analysis of the rules limiting the charitable, educational, religious, fraternal, civic, and law-related extrajudicial activities of state and federal judges. This comprehensive, heavily footnoted resource examines: (1) the historical development of the American Bar Association’s four model judicial codes with an emphasis on the rules regulating the charitable, educational, religious, fraternal, civic, and law-related activities of judges; (2) the State’s interests in restricting the extrajudicial activities of judges; (3) the strengths and weaknesses of rules governing a judge’s off-bench activities; (4) how state and federal courts, judicial disciplinary commissions, and judicial ethics advisory committees have interpreted judicial conduct rules; (5) best practices for judges; and (6) the constitutionality of the restrictions on a judge’s charitable, educational, religious, fraternal, civic, and law-related undertakings. From both a theoretical and practical standpoint, this book addresses the ethical implications of the everyday activities of judges. How far may a judge go in expressing personal opinions about social and legal issues? What are the limits on a judge’s use of social media? Is it permissible for a judge to receive an award from a victim advocacy group? Do the rules permit a judge to speak at a church or bar association’s fund-raising dinner? May judges teach prosecutors and law enforcement officials how to improve their job performance? May a judge appear in an informational video for the judge’s alma mater? Former judge Raymond J. McKoski discusses these and a host of other everyday situations judges face in their attempts to remain involved community members while promoting public confidence in the independence, integrity, and impartiality of the judiciary.
Constitutional Pariah
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Author : Emmett Macfarlane
language : en
Publisher: UBC Press
Release Date : 2021-04-01
Constitutional Pariah written by Emmett Macfarlane and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-01 with Law categories.
The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.