The Global Expansion Of Judicial Power
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The Global Expansion Of Judicial Power
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Author : C Neal Tate
language : en
Publisher: NYU Press
Release Date : 1995
The Global Expansion Of Judicial Power written by C Neal Tate and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Political Science categories.
Political scientists and legal scholars of various ideological perspectives trace the intellectual origins of the trend toward the judicialization of politics and the increasing domination of decision- making arenas by quasi-judicial procedures, looking at conditions that promote or retard judicialization in specific countries including Western common-law democracies, European Romano-Germanic democracies, and rapidly changing nations such as Russia and Namibia. Contains papers from a June 1992 meeting, plus other papers. Annotation copyright by Book News, Inc., Portland, OR
The Global Expansion Of Judicial Power
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Author : C Neal Tate
language : en
Publisher: NYU Press
Release Date : 1997-06-01
The Global Expansion Of Judicial Power written by C Neal Tate and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-01 with Political Science categories.
In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
After The Judicial Revolution
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Author : Rebecca D. Gill
language : en
Publisher: Routledge
Release Date : 2017-01-28
After The Judicial Revolution written by Rebecca D. Gill and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-28 with categories.
Over the last thirty years, supreme courts across the common law world have been undergoing revolutionary changes in their roles and responsibilities and a concomitant global expansion of judicial power and politicization of courts. While much has been written about the events leading up to these, this book fills a gap in the literature by exploring the aftermath of such revolutionary change. The focus of the work is the judicial revolution that came to Australiaâe(tm)s High Court in the late 1980s and 1990s under the leadership of Chief Justice Anthony Mason and the post-revolution retrenchment that occurred during the chief justiceship of Murray Gleeson. Many expected Chief Justice Gleesonâe(tm)s appointment to the High Court would mark a turning point away from the highly politicized, deeply controversial 'activist' jurisprudence of the Mason Court with a minimalist jurisprudence that was more grounded in black letter law, and more deferential to parliament and the executive. The authors use the regime politics model to allow analysis of how a court of final appeal tends to operate within the broader political system, including how it exercises judicial power and what happens when its decisions and methods run counter or challenge the governing coalition. It also enables assessment of where and how changes occur in substantive law, workload, and interactions with other branches. Ultimately, the book affirms the claims of regime politics scholarship that courts cannot stray for long from the dominant political regimeâe(tm)s values and commitments, lest the regime invoke its tools to bring compliance.
Appointing Judges In An Age Of Judicial Power
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Author : Peter H. Russell
language : en
Publisher: University of Toronto Press
Release Date : 2006-01-01
Appointing Judges In An Age Of Judicial Power written by Peter H. Russell and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Political Science categories.
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Comparative Judicial Review And Public Policy
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Author : Donald W. Jackson
language : en
Publisher: Praeger
Release Date : 1992-09-17
Comparative Judicial Review And Public Policy written by Donald W. Jackson and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-09-17 with Law categories.
This is one of the few book-length analyses of judicial review and public policy in very different parts of the world today. Donald W. Jackson and C. Neal Tate have gathered together respected scholars and set forth a framework for comparative analysis into the origins of judicial review, its use as a policy tool, and its exercise and impact in the policy-making process. Political scientists, public policy analysts, and public administrators will find this a thought-provoking study in comparative politics and public administration and a useful classroom text. The text opens with an overview and a delineation of basic concepts and closes with a framework for analyzing the exercise of judicial review in policy making. The major part of the book offers case studies and analyses of the establishment of judicial review as a policy tool, and the impact of judicial review in various types of legal situations. These studies cover twelve countries, including the United States, Great Britain, Japan, India, Israel, and the USSR, among others. Chapter reference lists and a selected bibliography at the end of the book refer readers to current studies of importance.
Constitutional Rights And Constitutional Design
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Author : Paul Yowell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-04-26
Constitutional Rights And Constitutional Design written by Paul Yowell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-26 with Law categories.
The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.
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.
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 Evolution Of The Separation Of Powers
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Author : David Bilchitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
The Evolution Of The Separation Of Powers written by David Bilchitz 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 2018 with categories.
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
The Supreme Court And The Idea Of Constitutionalism
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Author : Steven J. Kautz
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-10-03
The Supreme Court And The Idea Of Constitutionalism written by Steven J. Kautz and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-03 with Law categories.
In this volume distinguished constitutional scholars aim to move debate over the Supreme Court beyond the soundbites that divide us to fundamental questions about the nature of constitutionalism.