The Democratic Character Of Judicial Review
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The Democratic Character Of Judicial Review
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Author : Eugene V. Rostow
language : en
Publisher:
Release Date : 1993-08-01
The Democratic Character Of Judicial Review written by Eugene V. Rostow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-08-01 with categories.
The Democratic Character Of Judicial Review
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Author :
language : en
Publisher:
Release Date : 1952
The Democratic Character Of Judicial Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1952 with categories.
The Democratic Character Of Judicial Review
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Author : Eugene Victor Rostow
language : en
Publisher:
Release Date : 1952
The Democratic Character Of Judicial Review written by Eugene Victor Rostow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1952 with Judicial review 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.
Democracy And Distrust
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Author : John Hart Ely
language : en
Publisher: Harvard University Press
Release Date : 1981-08-15
Democracy And Distrust written by John Hart Ely 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 1981-08-15 with Law categories.
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Judicial Review And Contemporary Democratic Theory
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Author : Scott E. Lemieux
language : en
Publisher: Routledge
Release Date : 2017-11-03
Judicial Review And Contemporary Democratic Theory written by Scott E. Lemieux and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-03 with Political Science categories.
For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.
Judicial Activism
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Author : Christopher Wolfe
language : en
Publisher: Rowman & Littlefield
Release Date : 1997
Judicial Activism written by Christopher Wolfe and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
Judicial Review And Democracy
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Author : Howard Edward Dean
language : en
Publisher:
Release Date : 1966
Judicial Review And Democracy written by Howard Edward Dean and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966 with Judicial review categories.
Judicial Politics Readings From Judicature
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Author : Elliot E. Slotnick
language : en
Publisher: Rowman & Littlefield
Release Date : 1999
Judicial Politics Readings From Judicature written by Elliot E. Slotnick and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
This anthology of more than seventy articles, published by the American Judicature Society, is distributed by Rowman & Littlefield Publishers.
Deliberative Democracy And The Institutions Of Judicial Review
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Author : Christopher F. Zurn
language : en
Publisher:
Release Date : 2007
Deliberative Democracy And The Institutions Of Judicial Review written by Christopher F. Zurn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Constitutional courts categories.
Zurn examines the legitimacy of constitutional review using a normative theory of deliberative democratic constitutionalism.