Supreme Democracy
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Supreme Democracy
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Author : Richard Davis
language : en
Publisher: Oxford University Press
Release Date : 2017-06-06
Supreme Democracy written by Richard Davis 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 2017-06-06 with Law categories.
In the nineteenth and early twentieth centuries, Supreme Court nominations were driven by presidents, senators, and some legal community elites. Many nominations were quick processes with little Senate deliberation, minimal publicity and almost no public involvement. Today, however, confirmation takes 81 days on average-Justice Antonin Scalia's former seat has already taken much longer to fill-and it is typically a media spectacle. How did the Supreme Court nomination process become so public and so nakedly political? What forces led to the current high-stakes status of the process? How could we implement reforms to improve the process? In Supreme Democracy: The End of Elitism in the Supreme Court Nominations, Richard Davis, an eminent scholar of American politics and the courts, traces the history of nominations from the early republic to the present. He examines the component parts of the nomination process one by one: the presidential nomination stage, the confirmation management process, the role of the Senate Judiciary Committee, and the increasing involvement over time of interest groups, the news media, and public opinion. The most dramatic development, however, has been the democratization of politics. Davis delves into the constitutional underpinnings of the nomination process and its traditional form before describing a more democratic process that has emerged in the past half century. He details the struggle over image-making between supporters and opponents intended to influence the news media and public opinion. Most importantly, he provides a thorough examination of whether or not increasing democracy always produces better governance, and a better Court. Not only an authoritative analysis of the Supreme Court nomination process from the founding era to the present, Supreme Democracy will be an essential guide to all of the protracted nomination battles yet to come.
The Supreme Court And Constitutional Democracy
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Author : John Agresto
language : en
Publisher: Cornell University Press
Release Date : 2016-10-15
The Supreme Court And Constitutional Democracy written by John Agresto and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-15 with Law categories.
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Overruling Democracy
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Author : Jamin B. Raskin
language : en
Publisher: Psychology Press
Release Date : 2004
Overruling Democracy written by Jamin B. Raskin and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Political questions and judicial power categories.
The current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. Overruling Democracy disputes the majority's awful rulings on third parties, race, high schools and corporations.
The Judge In A Democracy
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Author : Aharon Barak
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
The Judge In A Democracy written by Aharon Barak and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-10 with Law categories.
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
The Supreme Court And Benign Elite Democracy In Japan
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Author : Hiroshi Itoh
language : en
Publisher: Routledge
Release Date : 2016-03-03
The Supreme Court And Benign Elite Democracy In Japan written by Hiroshi Itoh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
The Constitution of Japan has served the country for more than half a century, creating and maintaining a stable and functional democratic system. This book innovatively interprets Japanese politics as a ’benign elite democracy’ whilst demonstrating the Supreme Court's vital contribution to the political structure. In The Supreme Court and Benign Elite Democracy in Japan, Hiroshi Itoh presents the first empirical study of judicial decision making under Japan's Constitution. He examines the Supreme Court’s records regarding the protection of civil rights and liberties, the preservation of the conformity of lower levels of laws and regulations to the Constitution, and the maintenance of the Court's relationships to the political branches. The analysis of these three aspects of constitutional litigation reveal how the Supreme Court contributes to the efficacy of constitutional democracy by keeping the system adaptable to the ever-changing environment in and around Japan.
The Supreme Court And American Democracy
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Author : David G. Barnum
language : en
Publisher: Forge Books
Release Date : 1993
The Supreme Court And American Democracy written by David G. Barnum and has been published by Forge Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Written expressly for a student audience, this core text has a non-ideological theme - the tension between the Supreme Court's power of judicial review and the democratic, majoritarian features of American government. This allows the reader to examine the place of the Court in the broader context of American society and the American system of democratic self-government. Seven case studies show constitutional litigation in action.
America S Supreme Court
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Author : Stephen Breyer
language : en
Publisher: Oxford University Press, USA
Release Date : 2010-12-09
America S Supreme Court written by Stephen Breyer 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 2010-12-09 with Law categories.
"Published in the US under the title Making our democracy work"--T.p. verso.
Human Rights And Democracy
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Author : Kevin Boyle
language : en
Publisher: BRILL
Release Date : 2024-01-15
Human Rights And Democracy written by Kevin Boyle and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-15 with Law categories.
This is the first comprehensive account in English of the human rights jurisdiction of the Supreme Constitutional Court of Egypt. The Court has full judicial review powers under the 1971 Egyptian Constitution and has played a central role in defending democratic vallues and in implementing international human rights standards in this pivotal Islamic country. The book includes chapters written by the Chief Justice, Dr. Awad Mohammad El-Morr, and other members of the judiciary. It contains a digest of key human rights judgments along with the texts of the Constitution and the Statute of the Supreme Constitutional Court. The book also examines the influence of United States constitutional law as well as international human rights law on Egypt's highest court.
Politics Democracy And The Supreme Court
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Author : Arthur Selwyn Miller
language : en
Publisher: Praeger
Release Date : 1985-09-17
Politics Democracy And The Supreme Court written by Arthur Selwyn Miller and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-09-17 with Law categories.
Miller proposes that we focus our energies on the question of how the Constitution is to function in an era of rapid and fundamental social change. He introduces this provocative collection of essays with the observation that American constitutional theory has arrived at a dead-end, largely because it has been perceived as constitutional law rather than a form of political theory. He puts this view into sharp perspective by looking at what are in effect, three constitutions--the political, the economic, and the emergent corporate instrument. He analyzes important issues that confront the Supreme Court, policymakers, and theorists, such as the expansion of government control, the Court as a political mechanism, the power of corporations, politics and the First Amendment, the challenge of nuclear weapons, and questions relating to social justice, including equal protection and the right to employment.
The Velvet Coup
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Author : Daniel Lazare
language : en
Publisher: Verso
Release Date : 2001-10-17
The Velvet Coup written by Daniel Lazare and has been published by Verso this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-17 with Political Science categories.
Not only will breakdowns like the one that occurred in November 2000 grow more frequent, they will grow more serious as well."--Jacket.