Judicial Activism In An Age Of Populism
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Judicial Activism In An Age Of Populism
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Author : Sonja Grover
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-31
Judicial Activism In An Age Of Populism written by Sonja Grover and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-31 with Political Science categories.
This book explores the range of meanings attributed to the terms ‘judicial activism’ and ‘populism’ in contemporary times and examines the potential interplay between these two phenomena. Drawing upon various political examples, it discusses the implication of populist movements for democratic institutions, policies, and processes. The chapters in this volume examine the impact of populism on judicial decision-making in various socio-cultural contexts. The contributing authors explore the implications of populist beliefs, including those which promote anti-democratic perspectives, on the integrity, independence, and the role of the judiciary in a democratic society. This volume offers unique international perspectives on the concern that populist initiatives may be and continue to be a threat to democratic foundational values and principles. Judicial Activism in an Age of Populism will be a beneficial read for students of Politics, Sociology, Public Administration and Management, and Law and Society. It was originally published as a special issue of The International Journal of Human Rights.
Power To The People
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Author : Mark Tushnet
language : en
Publisher: Oxford University Press
Release Date : 2021-11-22
Power To The People written by Mark Tushnet and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-22 with Law categories.
Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter. Power to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition within other more partisan ideas. This is followed by a similarly basic definition of populism. Comparing the two, this book argues that one facet of populism -its suspicion of institutions that are strongly entrenched against change by political majorities-is sometimes inconsistent with constitutionalism's thinly understood definition. The book provides a series of case studies, some organized by nation, others by topic, to identify, more precisely, when and how populist programs are inconsistent with constitutionalism-and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism.
Perils Of Judicial Self Government In Transitional Societies
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Author : David Kosař
language : en
Publisher: Cambridge University Press
Release Date : 2016-04
Perils Of Judicial Self Government In Transitional Societies written by David Kosař 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 2016-04 with Law categories.
This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Human Rights In A Time Of Populism
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Author : Gerald L. Neuman
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-09
Human Rights In A Time Of Populism written by Gerald L. Neuman 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 2020-04-09 with Law categories.
Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.
Politicized Justice In Emerging Democracies
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Author : Maria Popova
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-31
Politicized Justice In Emerging Democracies written by Maria Popova 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 2012-01-31 with Law categories.
Why are independent courts rarely found in emerging democracies? This book moves beyond familiar obstacles, such as an inhospitable legal legacy and formal institutions that expose judges to political pressure. It proposes a strategic pressure theory, which claims that in emerging democracies, political competition eggs on rather than restrains power-hungry politicians. Incumbents who are losing their grip on power try to use the courts to hang on, which leads to the politicization of justice. The analysis uses four original datasets, containing 1,000 decisions by Russian and Ukrainian lower courts from 1998 to 2004. The main finding is that justice is politicized in both countries, but in the more competitive regime (Ukraine) incumbents leaned more forcefully on the courts and obtained more favorable rulings.
The Contested City
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Author : John H. Mollenkopf
language : en
Publisher: Princeton University Press
Release Date : 1983-11-21
The Contested City written by John H. Mollenkopf 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 1983-11-21 with Political Science categories.
Includes case studies of Boston (Mass) and San Francisco.
The Inclusionary Turn In Latin American Democracies
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Author : Diana Kapiszewski
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-04
The Inclusionary Turn In Latin American Democracies 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 2021-02-04 with Political Science categories.
This volume analyzes how enduring democracy amid longstanding inequality engendered inclusionary reform in contemporary Latin America.
Revisiting Judicial Politics In The European Union
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Author : Mark Dawson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14
Revisiting Judicial Politics In The European Union written by Mark Dawson 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 2024-03-14 with Law categories.
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
Populist Challenges To Constitutional Interpretation In Europe And Beyond
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Author : Fruzsina Gárdos-Orosz
language : en
Publisher: Routledge
Release Date : 2021-05-03
Populist Challenges To Constitutional Interpretation In Europe And Beyond written by Fruzsina Gárdos-Orosz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-03 with Business & Economics categories.
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
International Judicial Review
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Author : Shai Dothan
language : en
Publisher: Cambridge University Press
Release Date : 2020-03-05
International Judicial Review written by Shai Dothan 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 2020-03-05 with Law categories.
The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.