The Judge In A Democracy
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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 Judge As Political Theorist
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Author : David Robertson
language : en
Publisher: Princeton University Press
Release Date : 2010-07-01
The Judge As Political Theorist written by David Robertson 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 2010-07-01 with Political Science categories.
The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.
Justice Judocracy And Democracy In India
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Author : Sudhanshu Ranjan
language : en
Publisher: Routledge
Release Date : 2014-03-21
Justice Judocracy And Democracy In India written by Sudhanshu Ranjan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-21 with Law categories.
This book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.
Judges And Adjudication In Constitutional Democracies A View From Legal Realism
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Author : Pierluigi Chiassoni
language : en
Publisher: Springer Nature
Release Date : 2020-12-11
Judges And Adjudication In Constitutional Democracies A View From Legal Realism written by Pierluigi Chiassoni and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-11 with Law categories.
The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
Making Our Democracy Work
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Author : Stephen Breyer
language : en
Publisher: Vintage
Release Date : 2010-09-14
Making Our Democracy Work written by Stephen Breyer and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-14 with Political Science categories.
The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them. Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.
Democracy In Action
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Author : Kristina Smock
language : en
Publisher: Columbia University Press
Release Date : 2004
Democracy In Action written by Kristina Smock and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
In cities across the US, grass-roots organizations are working to revitalize popular participation in disenfranchised communities by bringing ordinary people into public life. This book examines the techniques used to achieve these goals.
Can Courts Be Bulwarks Of Democracy
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Author : Jeffrey K. Staton
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-31
Can Courts Be Bulwarks Of Democracy written by Jeffrey K. Staton 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 2022-03-31 with Law categories.
Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that undermine their ability to do so. Recognizing these constraints, this book argues that courts can influence regime instability by affecting inter-elite conflict. They do so in three ways: by helping leaders credibly reveal their rationales for policy choices that may appear to violate legal rules; by encouraging leaders to less frequently make decisions that raise concerns about rule violations; and by encouraging the opposition to accept potential rule violations. Courts promote the prudent use of power in each of these approaches. This book evaluates the implications of this argument using a century of global data tracking judicial politics and democratic survival.
The Supreme Court And Constitutional Democracy
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Author : John Agresto
language : en
Publisher: Cornell University Press
Release Date : 1984
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 1984 with Law categories.
Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.
The Judge In A Democracy
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Author : Aharon Barak
language : en
Publisher: Princeton University Press
Release Date : 2006
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 2006 with Law categories.
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Against Judicial Activism
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Author : Rory Leishman
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2006-04-05
Against Judicial Activism written by Rory Leishman and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-05 with Law categories.
The Charter and expansive versions of the federal and provincial human rights codes were supposed to safeguard the human rights and fundamental freedoms of Canadians. Rory Leishman argues that this experiment in radical constitutional reform has failed because judicial activists and human rights adjudicators have read their ideological preferences into the law rather than upholding the law as originally understood.