Popular Arguments In Favor Of An Elective Judiciary
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Popular Arguments In Favor Of An Elective Judiciary
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Author : Samuel Mosheim Smucker
language : en
Publisher:
Release Date : 1850
Popular Arguments In Favor Of An Elective Judiciary written by Samuel Mosheim Smucker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1850 with Judges categories.
Popular Arguments In Favor Of An Elective Judiciary Classic Reprint
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Author : Samuel Mosheim Smucker
language : en
Publisher: Forgotten Books
Release Date : 2018-10-11
Popular Arguments In Favor Of An Elective Judiciary Classic Reprint written by Samuel Mosheim Smucker and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-11 with Political Science categories.
Excerpt from Popular Arguments in Favor of an Elective Judiciary Now, we maintain that this is not the way to elect suitable, wise and able Judges that this is the very way to fill the bench with the most incompetent incumbents. And we maintain that the election of the Judges, by the people, would entirely remove this evil. In the election of their legislators, the people are not under the influence of any selfish or improper motive. They' uniformly choose men who, if they are not always able and enlightened, are at least the object of no personal or family par tiality; and they are generally men well adapted to the part which they are called upon to perform. If they are under any obligations whatever, it is not one of individual favors, but only those which they owe to their party, whose principles they have publicly espoused, and are supposed, in common honor and honesty, faithfully to maintain. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Law And Jurisprudence In American History
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Author : Stephen B. Presser
language : en
Publisher: West Publishing Company
Release Date : 2000
Law And Jurisprudence In American History written by Stephen B. Presser and has been published by West Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Law And Disagreement
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Author : Jeremy Waldron
language : en
Publisher: OUP Oxford
Release Date : 1999-03-11
Law And Disagreement written by Jeremy Waldron and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-11 with Law categories.
When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues like tax policy, welfare provision, criminal procedure, discrimination law, hate speech, pornography, political dissent and the limits of religious toleration? The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding ' providing that the majority decision does not violate individual rights.' In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. He argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. If rights are the very things we disagree about, then we are quarrelling precisely about what that qualification should amount to. At best, what it means is that disagreements about rights should be resolved by some other procedure, for example, by majority voting, not among the people or their representatives, but among judges in a court. This proposal - although initially attractive - seems much less agreeable when we consider that the judges too disagree about rights, and they disagree about them along exactly the same lines as the citizens. This book offers a comprehensive critique of the idea of the judicial review of legislation. The author argues that a belief in rights is not the same as a commitment to a Bill of Rights. He shows the flaws and difficulties in many common defences of the 'democratic' character of judicial review. And he argues for an alternative approach to the problem of disagreement: when disagreements about rights arise, the respectful way to resolve them is by decision-making among the right-holders on a basis that reflects an equal respect for them as the holders of views about rights. This respect for ordinary right-holders, he argues, has been sadly lacking in the theories of justice, rights, and constitutionalism put forward in recent years by philosophers such as John Rawls and Donald Dworkin. But the book is not only about judicial review. The first tranche of essays is devoted to a theory of legislation, a theory which highlights the size, the scale and the diversity of modern legislative assemblies. Although legislation is often denigrated as a source of law, Waldron seeks to restore its tattered dignity. He deprecates the tendency to disparage legislatures and argues that such disparagement is often a way of bolstering the legitimacy of the courts, as if we had to transform our parliaments into something like the American Congress to justify importing American-style judicial reviews. Law and Disagreement redresses the balances in modern jurisprudence. It presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle, for it is a form of law making that does not attempt to conceal the fact that our decisions are made and claim their authority in the midst of, not in spite of, our political and moral disagreements. This timely rights-based defence of majoritarian legislation will be welcomed by scholars of legal and political philosophy throughout the world.
The People Themselves
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Author : Larry Kramer
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The People Themselves written by Larry Kramer 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 2004 with History categories.
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Judicial Selection Governance Study
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Author :
language : en
Publisher:
Release Date : 1983
Judicial Selection Governance Study written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Judges categories.
The Debates And Proceedings Of The Minnesota Constitutional Convention
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Author : Minnesota. Constitutional Convention (Democratic)
language : en
Publisher:
Release Date : 1857
The Debates And Proceedings Of The Minnesota Constitutional Convention written by Minnesota. Constitutional Convention (Democratic) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1857 with Constitutional conventions categories.
Government Ethics Reform For The 1990s
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Author : New York (State). Commission on Government Integrity
language : en
Publisher: Fordham Univ Press
Release Date : 1991
Government Ethics Reform For The 1990s written by New York (State). Commission on Government Integrity and has been published by Fordham Univ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with History categories.
Reports issued by the Commission from its inception on Apr. 21, 1987 until the conclusion of its work on Sept. 18, 1990. Includes bibliographical references.
The Parliamentary Debates
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Author : Great Britain. Parliament
language : en
Publisher:
Release Date : 1888
The Parliamentary Debates written by Great Britain. Parliament and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1888 with Great Britain categories.
Debates Of The Convention To Amend The Constitution Of Pennsylvania
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Author : Pennsylvania. Constitutional Convention
language : en
Publisher:
Release Date : 1873
Debates Of The Convention To Amend The Constitution Of Pennsylvania written by Pennsylvania. Constitutional Convention and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1873 with Constitutional conventions categories.