The Courts And The Constitution
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The Court And The Constitution
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Author : Archibald Cox
language : en
Publisher:
Release Date : 1987
The Court And The Constitution written by Archibald Cox and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with History categories.
Building a nation, from laissezfaire to the welfare state, constitutional adjudication as an instrument of reform.
The Courts And The Constitution
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Author :
language : en
Publisher:
Release Date : 1912
The Courts And The Constitution written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1912 with Democracy categories.
The Courts And The Constitution
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Author : George Sutherland
language : en
Publisher:
Release Date : 1914
The Courts And The Constitution written by George Sutherland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1914 with Courts categories.
The Courts The Constitution And Parties
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Author : Andrew Cunningham McLaughlin
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2001
The Courts The Constitution And Parties written by Andrew Cunningham McLaughlin 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 2001 with Constitutional history categories.
McLaughlin, Andrew C. The Courts, The Constitution and Parties. Studies in Constitutional History and Politics. Chicago: University of Chicago Press, 1912. vii, 299 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-058812. ISBN 1-58477-155-0. Cloth. $95. * "This volume is composed of five papers or addresses. Two of them are careful historical discussions of the origin of the American doctrine that courts can declare acts of the legislature void; a third shows the influence of theories of political philosophy upon the ante-bellum controversy regarding the nature of the Union; and the remaining two consider the significance of American political parties and their real function in popular government. The two papers first mentioned seem to be contributions of great and permanent value to the discussion of their topic. The style of all of these essays is easy and delightful and their argument sane, thoughtful, and persuasive." J.P.H. Harv. L. Rev. 26:280-281 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 377.
The History And Constitution Of The Courts And Legislative Authorities In India
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Author : Herbert Cowell
language : en
Publisher:
Release Date : 1894
The History And Constitution Of The Courts And Legislative Authorities In India written by Herbert Cowell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1894 with Courts categories.
The Authority Of The Court And The Peril Of Politics
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Author : Stephen Breyer
language : en
Publisher: Harvard University Press
Release Date : 2021-09-14
The Authority Of The Court And The Peril Of Politics written by Stephen Breyer 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 2021-09-14 with Law categories.
A sitting justice reflects upon the authority of the Supreme Court—how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes”—their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the Court’s history, he suggests that the judiciary’s hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, “no influence over either the sword or the purse,” the Court earned its authority by making decisions that have, over time, increased the public’s trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the public’s trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Rights Emergencies And Judicial Review
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Author : Imtiaz Omar
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-07-03
Rights Emergencies And Judicial Review written by Imtiaz Omar and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-03 with Law categories.
This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the Critical Legal Studies tradition. The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Constitutions Courts And History
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Author : Renata Uitz
language : en
Publisher: Central European University Press
Release Date : 2005-08-30
Constitutions Courts And History written by Renata Uitz and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08-30 with Law categories.
Emphasizes the role history and historical narratives play in constitutional adjudication. Uitz provocatively draws attention to the often-tense relationship between the constitution and historical precedence highlighting the interpretive and normative nature of the law. Her work seeks to understand the conditions under which references to the past, history and traditions are attractive to lawyers, even when they have the potential of perpetuating indeterminacy in constitutional reasoning. Uitz conclusively argues that this constitutional indeterminacy is obscured by 'judicial rhetorical toolkits' of continuity and reconciliation that allow the court's reliance on the past to be unaccounted for. Uitz' rigorous analysis and extensive research makes this work an asset to legal scholars and practitioners alike.
The German Federal Constitutional Court
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Author : Matthias Jestaedt
language : en
Publisher: Oxford University Press
Release Date : 2020-03-05
The German Federal Constitutional Court written by Matthias Jestaedt 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 2020-03-05 with Law categories.
This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.