The Limits Of Judicial Independence
DOWNLOAD eBooks
Download The Limits Of Judicial Independence PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Limits Of Judicial Independence book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Limits Of Judicial Independence
DOWNLOAD eBooks
Author : Tom S. Clark
language : en
Publisher: Cambridge University Press
Release Date : 2010-11-22
The Limits Of Judicial Independence written by Tom S. Clark 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 2010-11-22 with Political Science categories.
This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.
The Limits Of Judicial Independence
DOWNLOAD eBooks
Author : Thomas S. Clark
language : en
Publisher:
Release Date : 2014-05-14
The Limits Of Judicial Independence written by Thomas S. Clark and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Judgments categories.
This book examines the relationship among the U.S. Supreme Court, Congress, and the public.
The Limits Of Judicial Independence
DOWNLOAD eBooks
Author : Thomas S. Clark
language : en
Publisher:
Release Date : 2010
The Limits Of Judicial Independence written by Thomas S. Clark and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Electronic book categories.
"This book investigates the causes and consequences of congressional attacks on the U.S. Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, as well as existing research, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward, and judicial decisions. This evidence demonstrates that Court-curbing is driven primarily by public opposition to the Court, and that the Court responds to those proposals by engaging in self-restraint and moderating its decisions"--Provided by publisher.
Curbing The Court
DOWNLOAD eBooks
Author : Brandon L. Bartels
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-20
Curbing The Court written by Brandon L. Bartels 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 2020-08-20 with Law categories.
Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.
Judicial Independence In The Age Of Democracy
DOWNLOAD eBooks
Author : Peter H. Russell
language : en
Publisher: University of Virginia Press
Release Date : 2001
Judicial Independence In The Age Of Democracy written by Peter H. Russell and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
The Politics Of Judicial Independence
DOWNLOAD eBooks
Author : Bruce Peabody
language : en
Publisher: JHU Press
Release Date : 2011
The Politics Of Judicial Independence written by Bruce Peabody and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.
The Dynamics Of Judicial Independence
DOWNLOAD eBooks
Author : Lorne Neudorf
language : en
Publisher: Springer
Release Date : 2017-02-22
The Dynamics Of Judicial Independence written by Lorne Neudorf and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-22 with Law categories.
This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.
Challenged Justice In Pursuit Of Judicial Independence
DOWNLOAD eBooks
Author : Shimon Shetreet
language : en
Publisher: BRILL
Release Date : 2021-08-24
Challenged Justice In Pursuit Of Judicial Independence written by Shimon Shetreet and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-24 with Law categories.
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Judicial Independence In China
DOWNLOAD eBooks
Author : Randall Peerenboom
language : en
Publisher: Cambridge University Press
Release Date : 2009-11-23
Judicial Independence In China written by Randall Peerenboom 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 2009-11-23 with Law categories.
This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
The Culture Of Judicial Independence In A Globalised World
DOWNLOAD eBooks
Author : Shimon Shetreet
language : en
Publisher: BRILL
Release Date : 2016-11-10
The Culture Of Judicial Independence In A Globalised World written by Shimon Shetreet and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
This volume The Culture of Judicial Independence in a Globalised World, is an academic continuation of the previous three volumes: Judicial Independence: The Contemporary Debate, edited by Professor Shimon Shetreet and Chief Justice Deschenes (Martinus Nijhoff Publishers 1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges, edited by Professor Shimon Shetreet and Professor Christopher Forsyth (Martinus Nijhoff Publishers 2012), and The Culture of Judicial Independence: Rule of Law and World Peace edited by Professor Shimon Shetreet (Martinus Nijhoff Publishers 2014). This volume offers papers and studies by academics, judges and practitioners from many jurisdictions on judicial independence – both national and international.