Judicial Appointments And Democratic Controls
DOWNLOAD
Download Judicial Appointments And Democratic Controls PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Judicial Appointments And Democratic Controls book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Judicial Appointments And Democratic Controls
DOWNLOAD
Author : Mitchel A. Sollenberger
language : en
Publisher:
Release Date : 2011
Judicial Appointments And Democratic Controls written by Mitchel A. Sollenberger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Judges categories.
The Constitution provides that the president "shall nominate, and by and with the advice and consent of the Senate, shall appoint" federal judges, but that language is not precise and leaves much to the imagination. At various points in time Congress and the president have battled over how to exercise joined responsibility in making judicial appointments. Some argue that the founding fathers would have found the increased tension between the branches in recent decades regrettable as it has led to political posturing and too great a focus on ideological concerns. Sollenberger disagrees and believes that the framers' intentions are still well maintained in the modern judicial appointment process. He contends that Congress and the president have been guided by republican values and structural protections intended by the Constitution. These elements constitute the democratic controls that have helped the political branches give meaning to the Constitution by shaping the judicial appointment process. Changes over the years that have given elected officials greater ability to review judicial candidates' records and qualifications to office, Sollenberger argues, are well within the framework of the Constitution and meet the intent of the framers. In presenting his thesis, Sollenberger delves into all stages of the judicial appointment process analyzing Congress's power to create and abolish offices, place qualifications on office holding, give advice and recommend candidates, and generally provide detailed scrutiny and review of all judicial nominations. Each chapter presents one part of the judicial appointment process analyzing its development overtime and showing how democratic controls have strengthened the overall system. "This book will prove valuable in various academic environments. College faculty will want to consider it as an extremely readable choice for undergraduate classes in constitutional law, the system of checks and balances, or the inner workings of Congress. The text can also support law school seminars analyzing the judicial appointments process or the relationship between the president and Congress. Students at all levels will like the concise summaries that conclude each chapter." -- Margaret H. McDermott, Head of Reference and Faculty Services, Saint Louis University Law Library
Appointing Judges In An Age Of Judicial Power
DOWNLOAD
Author : Peter H. Russell
language : en
Publisher: University of Toronto Press
Release Date : 2006-01-01
Appointing Judges In An Age Of Judicial Power written by Peter H. Russell 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 2006-01-01 with Political Science categories.
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Judicial Power
DOWNLOAD
Author : Christine Landfried
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-07
Judicial Power written by Christine Landfried 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 2019-02-07 with Law categories.
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Judicial Power And Canadian Democracy
DOWNLOAD
Author : Paul Howe
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2001
Judicial Power And Canadian Democracy written by Paul Howe and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.
Political Power And Democratic Control In Britain
DOWNLOAD
Author : David Beetham
language : en
Publisher: Routledge
Release Date : 2002-09-11
Political Power And Democratic Control In Britain written by David Beetham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09-11 with Political Science categories.
Democratic Institutions and Practices is the second study carried out under the Democratic Audit of the UK. This volume explores the formal institutions and processes of the liberal democratic state: including the executive, elections, parliament and the civil service.
Supreme Conflict
DOWNLOAD
Author : Jan Crawford Greenburg
language : en
Publisher: Penguin
Release Date : 2007-01-23
Supreme Conflict written by Jan Crawford Greenburg and has been published by Penguin this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-23 with Political Science categories.
"A tour de force...A fresh and detailed account of how the court works and, relatedly, how presidents decide who gets there." -The Wall Street Journal "A fascinating look at dynamics within the court, showing how personalities and ideology can affect alliances and debates." -The New York Times The New York Times bestselling account of the most consequential shift in the use of American judicial power in almost one hundred years. Drawing on unprecedented access to the Supreme Court justices themselves and their inner circles, acclaimed ABC News legal correspondent Jan Crawford Greenburg offers an explosive newsbreaking account of one of the most momentous political watersheds in American history. From the series of Republican nominations that proved deeply frustrating to conservatives to the decades of bruising battles that led to the rise of Justices Roberts and Alito, this is the authoritative story of the conservative effort to shift the direction of the high court—a revelatory look at one of the central fronts of America's culture wars by one of the most widely respected experts on the subject.
Armed Forces And Security Services
DOWNLOAD
Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2009-01-01
Armed Forces And Security Services written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Political Science categories.
Faced with the growing threats of terrorism and international organised crime, European societies are feeling an increasing need for both domestic and external security. Government action to combat these threats must be lawful - and also legitimate - and be conducted with due respect for human rights, democracy and the rule of law, which are fundamental Council of Europe principles. The question arises as to who is going to exercise democratic oversight in this area. What are the roles of parliaments, the executive, the judiciary and civil society? Do supervisory bodies exist at supranational level? This book presents the various players and their duties in the security field and confirms the need to strike a balance between a democratic conception of fundamental freedoms and security safeguards, on the basis of reports by the Council of Europe Parliamentary Assembly and the European Commission for Democracy through Law.
The Supreme Court And Constitutional Democracy
DOWNLOAD
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 Democratic Constitution 2nd Edition
DOWNLOAD
Author : Neal Devins
language : en
Publisher: Oxford University Press
Release Date : 2015-09-01
The Democratic Constitution 2nd Edition written by Neal Devins 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 2015-09-01 with Political Science categories.
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
The Democratic Constitution
DOWNLOAD
Author : Neal Devins
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Democratic Constitution written by Neal Devins and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.