Revolution By Judiciary
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Revolution By Judiciary
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Author : Jed Rubenfeld
language : en
Publisher: Harvard University Press
Release Date : 2005
Revolution By Judiciary written by Jed Rubenfeld 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 2005 with Law categories.
Constitutional law's central narrative in the 20th century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What justifies this phenomenon? How does it work doctrinally? What structures it or limits it? Rubenfeld finds a pattern in constitutional interpretation that answers these questions.
Adjudicating Revolution
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Author : Kay, Richard S.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-06-14
Adjudicating Revolution written by Kay, Richard S. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-14 with Law categories.
Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.
The Rights Revolution
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Author : Charles R. Epp
language : en
Publisher: University of Chicago Press
Release Date : 2020-05-14
The Rights Revolution written by Charles R. Epp 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 2020-05-14 with Law categories.
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
Five Legal Revolutions Since The 17th Century
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Author : Jean-Louis Halpérin
language : en
Publisher: Springer
Release Date : 2014-07-22
Five Legal Revolutions Since The 17th Century written by Jean-Louis Halpérin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-22 with Law categories.
This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.
Judicial Transformations
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Author : Mitchel de S.-O.-l'E. Lasser
language : en
Publisher: Blackstone Press
Release Date : 2009-07-30
Judicial Transformations written by Mitchel de S.-O.-l'E. Lasser and has been published by Blackstone Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-30 with Language Arts & Disciplines categories.
The importance of fundamental rights is exploding across all areas of law in Europe. Grounded in comparative law and political science, this book explores the causes of the rights revolution, and its impact on European judiciaries.
Evolution Of A Revolution
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Author : Li-ann Thio
language : en
Publisher: Routledge
Release Date : 2009-01-26
Evolution Of A Revolution written by Li-ann Thio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-26 with Law categories.
This book presents a timely assessment of the impact of history, politics and economics in shaping the Singapore Constitution, going beyond the descriptive narrative, the authors will cast a critical eye over the developments of the last 40 years.
Consequential Courts
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Author : Diana Kapiszewski
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-08
Consequential Courts written by Diana Kapiszewski 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 2013-04-08 with Law categories.
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
Law As Reproduction And Revolution
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Author : Yves Dezalay
language : en
Publisher: Univ of California Press
Release Date : 2021-09-28
Law As Reproduction And Revolution written by Yves Dezalay and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-28 with History categories.
Introduction : Legal revolutions, cosmopolitan legal elites, and interconnected histories -- Learned law, legal education, social capital, and states : European Geneses of these relationships and the enduring role of family capital -- Legal hybrids, corporate law firms, the Langdellian Revolution in legal education, and the Construction of a U.S.-oriented international justice through an alliance of U.S. corporate lawyers with European professors -- Social and neo-liberal revolutions in the United States -- India : an embattled senior bar, the marginalization of legal knowledge, and an internationalized challenge -- Hong Kong as a paradigm case : an open market for corporate law firms and the technologies of legal education reform as Chinese hegemony grows -- South Korea and Japan : contrasting attacks through legal education reform on the traditional conservative and insular bar -- Legal education, international strategies, and rebuilding the value of legal capital in China / coauthored with Zhizhou Wang -- Conclusion : Combining social capital with learned capital: competing on different imperial paths.
The Judiciary In Post Cultural Revolution China
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Author : Hungdah Chiu
language : en
Publisher:
Release Date : 1976*
The Judiciary In Post Cultural Revolution China written by Hungdah Chiu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976* with Justice, Administration of categories.
The Idea Of Humanity In A Global Era
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Author : B. Mazlish
language : en
Publisher: Springer
Release Date : 2008-12-22
The Idea Of Humanity In A Global Era written by B. Mazlish and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-22 with History categories.
The result of a lifetime of research and contemplation on global phenomena, this book explores the idea of humanity in the modern age of globalization. Tracking the idea in the historical, philosophical, legal, and political realms, this is a concise and illuminating look at a concept that has defined the twentieth century.