Judicial Review And The National Political Process
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Judicial Review And The National Political Process
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Author : Jesse H. Choper
language : en
Publisher:
Release Date : 1980
Judicial Review And The National Political Process written by Jesse H. Choper and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
Judicial Review And The National Political Process
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Author : Jesse H. Choper
language : en
Publisher: Quid Pro Books
Release Date : 2013-05-16
Judicial Review And The National Political Process written by Jesse H. Choper and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-16 with Political Science categories.
As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
The Birth Of Judicial Politics In France
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Author : Alec Stone Sweet
language : en
Publisher: Oxford University Press, USA
Release Date : 1992
The Birth Of Judicial Politics In France written by Alec Stone Sweet 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 1992 with Constitutional courts categories.
The French Constitutional Council, a quasi-judicial body created at the dawn of the Fifth Republic, functioned in relative obscurity for almost two decades until its emergence in the 1980s as a pivotal actor in the French policymaking process. Alec Stone focuses on how this once docile institution, through its practice of constitutional review, has become a meaningfully autonomous actor in the French political system. After examining the formal prohibition against judicial review in France, Stone illustrates how politicians and the Council have collaborated over the course of the last decade, often unintentionally and in the service of contradictory agendas, to significantly enhance Council's power. While the Council came to function as a third house of Parliament, the legislative work of the government and Parliament was meaningfully "juridicized." Through a discussion of broad theoretical issues, Stone then expands the scope of his analysis to the politics of constitutional review in Germany, Spain, and Austria.
Judicial Review Of Elections In Asia
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Author : Po Jen Yap
language : en
Publisher: Routledge
Release Date : 2016-04-14
Judicial Review Of Elections In Asia written by Po Jen Yap and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-14 with Law categories.
In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes. By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.
The Doctrine Of Judicial Review
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Author : Edward Samuel Corwin
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2010-11
The Doctrine Of Judicial Review written by Edward Samuel Corwin and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11 with Constitutional history categories.
Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts.
The Supreme Court And Judicial Review
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Author : Robert Kenneth Carr
language : en
Publisher: Greenwood
Release Date : 1970
The Supreme Court And Judicial Review written by Robert Kenneth Carr and has been published by Greenwood this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Appellate courts categories.
Judicial Review Of Administrative Discretion In The Administrative State
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Author : Jurgen de Poorter
language : en
Publisher: Springer
Release Date : 2019-06-07
Judicial Review Of Administrative Discretion In The Administrative State written by Jurgen de Poorter and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-07 with Law categories.
This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.
Judicial Activism
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Author : Christopher Wolfe
language : en
Publisher: Rowman & Littlefield
Release Date : 1997
Judicial Activism written by Christopher Wolfe and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
Judicial Review And Judicial Power In The Supreme Court
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Author : Kermit L. Hall
language : en
Publisher: Routledge
Release Date : 2014-07-22
Judicial Review And Judicial Power In The Supreme Court written by Kermit L. Hall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-22 with Law categories.
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
The People Vs The Courts
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Author : Mathew Manweller
language : en
Publisher: Academica Press,LLC
Release Date : 2005
The People Vs The Courts written by Mathew Manweller and has been published by Academica Press,LLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This research monograph analyses and describes how initiative elites react to the high level of judicial review of their successfully passed ballot measures and why those reactions are failing to decrease the number of judicial nullifications. For the last 30 years, state ballot measures that have passed and been challenged in court have been nullified at the ration of 1 out of 2. As a result of a 50% rate of nullification initiative elites have benefited from institutional learning and have become more sophisticated and politically savvy. However the nullification have hardly plummeted. The work explains why and posits other legal and political actions that may be possible for the ballot winners and their supporters.