The Constitution Of Judicial Power
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The Constitution Of Judicial Power
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Author : Sotirios A. Barber
language : en
Publisher:
Release Date : 1993
The Constitution Of Judicial Power written by Sotirios A. Barber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Barber shows that New Right theorists, such as Bork, and establishment liberals, such as Ronald Dworkin, are moral relativists who cannot escape conclusions ("might makes right," for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the Court's friends to do just that. Written in a lively and engaging style.
An Essay On Judicial Power And Unconstitutional Legislation
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Author : Brinton Coxe
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
An Essay On Judicial Power And Unconstitutional Legislation written by Brinton Coxe 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 2005 with Constitutional law categories.
Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.
Judicial Power
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Author : Christine Landfried
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-07
Judicial Power written by Christine Landfried 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 2019-02-07 with Law categories.
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Judicial Power
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Author : Christine Landfried
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-02
Judicial Power written by Christine Landfried 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 2020-04-02 with Law categories.
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
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
Extending Rights Reach
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Author : Jud Mathews
language : en
Publisher: Oxford University Press
Release Date : 2018-03-13
Extending Rights Reach written by Jud Mathews 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 2018-03-13 with Law categories.
Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.
American Judicial Power
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Author : Michael Buenger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
American Judicial Power written by Michael Buenger 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 2015-11-27 with LAW categories.
American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
A Distinct Judicial Power
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Author : Scott Douglas Gerber
language : en
Publisher: Oxford University Press
Release Date : 2011-05-05
A Distinct Judicial Power written by Scott Douglas Gerber 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 2011-05-05 with History categories.
This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.
An Essay On Judicial Power And Unconstitutional Legislation Being A Commentary On Parts Of The Constitution Of The United States
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Author : Brinton Coxe
language : en
Publisher:
Release Date : 1893
An Essay On Judicial Power And Unconstitutional Legislation Being A Commentary On Parts Of The Constitution Of The United States written by Brinton Coxe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1893 with Constitutional law categories.
Judicial Review In New Democracies
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-23
Judicial Review In New Democracies written by Tom Ginsburg 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 2003-07-23 with Law categories.
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.