Politics Of The High Court
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The Political High Court
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Author : David Solomon
language : en
Publisher: Allen & Unwin
Release Date : 1999-08-01
The Political High Court written by David Solomon and has been published by Allen & Unwin this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-01 with Political Science categories.
Which miniscule non-elected group can force governments to change their policies? Which group can today be a barrier to reform, and then tomorrow set in train changes which alter the way politics is conducted? Which aspects of public life are exempt from the deliberations of the High Court? Since the Mabo case in 1992, the High Court has been subject to intense criticism, even vilification, from politicians, lawyers and the representatives of various interests. The Court has been damned as 'activist', accused of 'inventing' new rights, and denounced for forcing the pace and direction of social change. Such criticism is not new. In The Political High Court, David Solomon surveys the many areas in which the decisions of the High Court have had a direct impact on the community. He also examines the continuing argument about how responsible the Court should be to political pressure and public opinion.
Judging Democracy
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Author : Haig Patapan
language : en
Publisher: Cambridge University Press
Release Date : 2000-08-31
Judging Democracy written by Haig Patapan 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 2000-08-31 with Law categories.
The High Court is taking an increasingly important role in shaping the contours of democracy in Australia. In deciding fundamental democratic questions, does the Court pursue a consistent and overarching democratic vision? Or are its decisions essentially constrained by institutional and practical limitations? Judging Democracy, first published in 2000, addresses this question by examining the Court's recent decisions on human rights, citizenship, native title and separation of powers. It represents the first major political and legal examination of the Court's new jurisprudence and the way it is influencing democracy and the institutions of governance in Australia. A foreword to the book has been written by the former Chief Justice of the High Court, Sir Anthony Mason.
The Politics Of The Judiciary
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Author : John Aneurin Grey Griffith
language : en
Publisher: Manchester University Press
Release Date : 1977
The Politics Of The Judiciary written by John Aneurin Grey Griffith and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Judicial power categories.
The High Court The Constitution And Australian Politics
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Author : Rosalind Dixon
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-16
The High Court The Constitution And Australian Politics written by Rosalind Dixon 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 2015-02-16 with Law categories.
This book is an important contribution to the fields of law, politics and to comparative constitutional law more generally.
The Judicialization Of Politics In Asia
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Author : Björn Dressel
language : en
Publisher: Routledge
Release Date : 2012
The Judicialization Of Politics In Asia written by Björn Dressel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.
Judicialization Of Politics
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Author : Reginald S. Sheehan
language : en
Publisher:
Release Date : 2012
Judicialization Of Politics written by Reginald S. Sheehan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Courts of last resort categories.
This book examines the judicialization of politics in the High Court of Australia. The authors argue it is the interplay of institutional structures, a growing concern for individual rights, and the willingness of the justices to engage in purposive policymaking that lead the court to engage in judicial politics. The High Court of Australia underwent a significant structural change in its jurisdiction at about the same time that it was also experiencing a shift away from strict legalism. Segments of the Australian population began to lose faith in the ability of Parliament to right societal wrongs and protect the rights of individuals. The result was a period of time in which the decision-making of the High Court was under scrutiny because the Court seemed to be engaging in policymaking. The findings suggest that justices can be constrained by institutional structures and the acceptance of restrictive legal doctrines. Changes in those conditions are necessary for judicialization of politics to occur in a court. The book will be of interest to a wide range of scholars who are interested in the phenomenon of the judicialization of politics. These scholars include law school professors, political scientists, and other academics studying judicial politics and the role of constitutional structures and legal doctrine in decision-making. The book is ideal for use in a graduate seminar on judicial politics and/or comparative legal systems. It provides an excellent example of a comparative research design and analyses that would be a valuable instructional tool in a graduate class.
The Political Role Of Law Courts In Modern Democracies
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Author : Jerold Waltman
language : en
Publisher: Springer
Release Date : 1988-02-23
The Political Role Of Law Courts In Modern Democracies written by Jerold Waltman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-02-23 with Political Science categories.
No society can function without judicial institutions. At a minimum, conflict must be regulated and the criminal law enforced. Ironically, though, modern political science has tended to ignore the role of courts in advanced industrial societies, so much so that even basic information has often been unavailable. This book covers three important bases. First, it provides, for the first time, up-to-date material about the court systems - their structures, their personnel, their jurisdictions - of the major democratic nations. Second, it places the courts in their political context, eschewing legalism and stressing their linkages with other institutions and their role in the policy process. Third, there is an attempt to assess the direction of contemporary change, especially how it relates to broader themes of other types of political change.
Politics Of The High Court A Study Of The Judicial Branch Of The Government Of Australia
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Author : Brian Galligan
language : en
Publisher:
Release Date : 1987
Politics Of The High Court A Study Of The Judicial Branch Of The Government Of Australia written by Brian Galligan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with categories.
Reimagining The Judiciary
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Author : Maria C. Escobar-Lemmon
language : en
Publisher: Oxford University Press
Release Date : 2022-01-13
Reimagining The Judiciary written by Maria C. Escobar-Lemmon 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 2022-01-13 with Political Science categories.
This book examines the factors that facilitate the inclusion of women on high courts, while recognizing that many courts have a long way to go before reaching gender parity. Why did women start appearing on high courts when they did? Where have women made the most significant strides? To address these questions, the authors built the first cross-national and longitudinal dataset on the appointment of women and men to high courts. In addition, they provide five in-depth country case studies us to unpack the selection of justices to high courts in Canada, Colombia, Ireland, South Africa, and the United States. The cross-national lens and combination of quantitative analyses and detailed country studies examines multiple influences across region and time. Focusing on three sets of explanations —pipelines to high courts, domestic institutions, and international influences- analyses reveal that women are more likely to first appear on their country's high court when traditional ideas about who can and should be a judge erode. In some countries, international treaties, regional emulation, and women's international NGOs play a role in disseminating and linking global norms of gender equality in decision-making. Importantly, while informal institutions and reliance on men-dominated networks can limit access, women are making substantial strides in their countries' highest courts where the supply grows, and often where selectors have incentives to select women. Further, sustained pressure from advocacy organizations-at the local, national, and global levels-contributes to some gains. Comparative Politics is a series for researchers, teachers, and students of political science that deals with contemporary government and politics. Global in scope, books in the series are characterized by a stress on comparative analysis and strong methodological rigour. The series is published in association with the European Consortium for Political Research. For more information visit www.ecprnet.eu The series is edited by Susan Scarrow, John and Rebecca Moores Professor of Political Science at the University of Houston, and Jonathan Slapin, Professor of Political Institutions and European Politics, Department of Political Science, University of Zurich.
When Courts Do Politics
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Author : Joseph Oloka-Onyango
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2017-06-23
When Courts Do Politics written by Joseph Oloka-Onyango and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-23 with Political Science categories.
Using the phenomenon of public interest litigation (PIL) as the primary focus of analysis, this book explores the manner in which the judicial branch of government in the three East African states of Kenya, Tanzania and Uganda has engaged with questions traditionally off-limits to adjudication and court-based resolution. It is rooted in an incisive investigation of the history of politics and governance in the sub-region, accompanied by an extensive repertoire of judicial decisions. It also provides a critical and informative account of the manner in which courts of law have engaged with State power in a bid to alternatively deliver or subvert justice to the socially marginalized and the politically victimized. The focus of the book is on judicial struggles over sexual and gender-based discrimination, social justice and poverty, and the adjudication of presidential elections. Employing the device of case deconstruction and analysis, the study uncovers the conceptual and structural factors which have witnessed public interest litigation emerge as a critical factor in the struggle for more inclusive and equitable structures of governance and social order. Needless to say, as judges battle with time-honoured legal precedents, received dogmas and contending (and often antagonistic) societal forces, the struggle in the courts is neither straightforward nor necessarily always transformative.