Judicial Politics In Polarized Times

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Judicial Politics In Polarized Times

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Author : Thomas M. Keck
language : en
Publisher: University of Chicago Press
Release Date : 2014-12-03

Judicial Politics In Polarized Times written by Thomas M. Keck 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 2014-12-03 with Law categories.

In this era of polarized politics, three stories about judges have emerged. When describing their own work, judges often say that they are neutral legal umpires. When describing opposing judges, partisan political actors regularly denounce them for undermining democratic values and imposing their own preferences. Scholars have long told a third story, in which judges are political actors who spend more time conforming to rather than challenging the democratic will. Drawing on a sweeping survey of litigation regarding abortion, affirmative action, gay rights, and gun rights during the Clinton, Bush, and Obama eras, Keck argues that each of these stories captures part of the significance of courts in polarized times, but that each, standing alone, is more misleading than helpful. In polarized America, advocates on both the left and the right engage in litigation more-or-less constantly to achieve their ends. But, Keck shows, neither side has consistently won, or consistently lost. Instead, judges have responded to this unending litigation, at different times and in different ways, as umpires, as activist tyrants, and as followers of whoever won the last election. For example, federal courts are indeed polarized on partisan lines, but across all four issues, this polarization is less extreme on the courts than it is in Congress. As for the undemocratic judge story, here too Keck s findings are hardly black and white. While some decisions can be characterized as thwarting the popular will, there are just as many in which the judges and the public seem to be pushing in the same direction. Ultimately Keck concludes that the time to fear courts is not when they start protecting rights, but when they start protecting only or mostly those rights favored by Republicans (or by Democrats). Keck s rigorous analysis of these judicial controversies is sure to engender interest both inside and outside the academy and be hailed as a landmark study of judicial review."

Comparative Judicial Politics

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Author : Theodore Lewis Becker
language : en
Publisher: Chicago : Rand McNally
Release Date : 1970

Comparative Judicial Politics written by Theodore Lewis Becker and has been published by Chicago : Rand McNally this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Courts categories.

The Politics Of The Judiciary

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Author : John Aneurin Grey Griffith
language : en
Publisher: Fontana Press
Release Date : 1981

The Politics Of The Judiciary written by John Aneurin Grey Griffith and has been published by Fontana Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Judges categories.

"The furore caused by publication of "The Politics of the Judiciary" made front page news in The Times. In this second edition, Professor Griffith has included recent cases and information which strenthen his controversial thesis that judges in the United Kingdom cannot be politically neutral."

Curbing The Court

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Author : Brandon L. Bartels
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-20

Curbing The Court written by Brandon L. Bartels 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 2020-08-20 with Law categories.

Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.

Judicial Politics In Texas

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Author : Kyle Cheek
language : en
Publisher: Peter Lang Incorporated, International Academic Publishers
Release Date : 2005

Judicial Politics In Texas written by Kyle Cheek and has been published by Peter Lang Incorporated, International Academic Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.

In recent years, judicial elections have changed dramatically. The elections themselves have become increasingly partisan, interest group involvement in judicial races has escalated, recent court decisions have freed judicial candidates to speak more openly than ever before about their judicial ideologies, and the tenor of judicial campaigns has departed significantly from what were once low-key, sleepy affairs. This book examines the evolution of the new rough-and-tumble politics of judicial elections by focusing on Texas, a bellwether for the new judicial selection politics in America. The Texas experience illustrates what can - and usually will - go wrong when judges are elected, and lays the path for meaningful reforms to stem the tide of the new politics of judicial elections.

Democracies Divided

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Author : Thomas Carothers
language : en
Publisher: Brookings Institution Press
Release Date : 2019-09-24

Democracies Divided written by Thomas Carothers and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-24 with Political Science categories.

“A must-read for anyone concerned about the fate of contemporary democracies.”—Steven Levitsky, co-author of How Democracies Die 2020 CHOICE Outstanding Academic Title Why divisions have deepened and what can be done to heal them As one part of the global democratic recession, severe political polarization is increasingly afflicting old and new democracies alike, producing the erosion of democratic norms and rising societal anger. This volume is the first book-length comparative analysis of this troubling global phenomenon, offering in-depth case studies of countries as wide-ranging and important as Brazil, India, Kenya, Poland, Turkey, and the United States. The case study authors are a diverse group of country and regional experts, each with deep local knowledge and experience. Democracies Divided identifies and examines the fissures that are dividing societies and the factors bringing polarization to a boil. In nearly every case under study, political entrepreneurs have exploited and exacerbated long-simmering divisions for their own purposes—in the process undermining the prospects for democratic consensus and productive governance. But this book is not simply a diagnosis of what has gone wrong. Each case study discusses actions that concerned citizens and organizations are taking to counter polarizing forces, whether through reforms to political parties, institutions, or the media. The book’s editors distill from the case studies a range of possible ways for restoring consensus and defeating polarization in the world’s democracies. Timely, rigorous, and accessible, this book is of compelling interest to civic activists, political actors, scholars, and ordinary citizens in societies beset by increasingly rancorous partisanship.

The Authority Of The Court And The Peril Of Politics

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Author : Stephen Breyer
language : en
Publisher: Harvard University Press
Release Date : 2021-09-14

The Authority Of The Court And The Peril Of Politics written by Stephen Breyer 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 2021-09-14 with Law categories.

A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

The Company They Keep

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Author : Neal Devins
language : en
Publisher: Oxford University Press, USA
Release Date : 2019

The Company They Keep 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 2019 with LAW categories.

""The Company They Keep" advances a new way of thinking about Supreme Court decision-making. In so doing, it explains why today's Supreme Court is the first ever in which lines of ideological division are also partisan lines between justices appointed by Republican and Democratic presidents"--

The Cycles Of Constitutional Time

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Author : Jack M. Balkin
language : en
Publisher: Oxford University Press, USA
Release Date : 2020

The Cycles Of Constitutional Time written by Jack M. Balkin 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 2020 with Law categories.

"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--

Justice Scalia

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Author : Brian G. Slocum
language : en
Publisher: University of Chicago Press
Release Date : 2019-03-06

Justice Scalia written by Brian G. Slocum 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 2019-03-06 with Law categories.

Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.