The Politics Of Judicial Independence
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The Politics Of Judicial Independence
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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.
Cleavages Courts And Credible Commitments
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Author : Nickolas E. Jorgensen
language : en
Publisher:
Release Date : 2006
Cleavages Courts And Credible Commitments written by Nickolas E. Jorgensen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Judicial independence categories.
The Politics Of Judicial Independence In The Uk S Changing Constitution
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Author : Graham Gee
language : en
Publisher:
Release Date : 2015
The Politics Of Judicial Independence In The Uk S Changing Constitution written by Graham Gee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Electronic books categories.
"Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary"--
Judicial Independence In The Age Of Democracy
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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 Political Foundations Of Judicial Independence In Dictatorship And Democracy
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Author : Brad Epperly
language : en
Publisher: Oxford University Press
Release Date : 2019-09-26
The Political Foundations Of Judicial Independence In Dictatorship And Democracy written by Brad Epperly 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 2019-09-26 with Political Science categories.
This book argues that explaining judicial independence-considered the fundamental question of comparative law and politics-requires a perspective that spans the democracy/autocracy divide. Rather than seeking separate explanations in each regime context, in The Political Foundations of Judicial Independence in Dictatorship and Democracy, Brad Epperly argues that political competition is a salient factor in determining levels of de facto judicial independence across regime type, and in autocracies a factor of far greater import. This is because a full "insurance" account of independence requires looking not only at the likelihood those in power might lose elections but also the variable risks associated with such an outcome, risks that are far higher for autocrats. First demonstrating that courts can and do provide insurance to former leaders, he then shows via exhaustive cross-national analyses that competition's effects are far higher in autocratic regimes, providing the first evidence for the causal nature of the relationship. Epperly argues that these findings differ from existing case study research because in democratic regimes, a lack of political competition means incumbents target the de jure independence of courts. This argument is illustrated via in-depth case study of the Hungarian Constitutional Court after the country's 2010 "constitutional coup," and then tested globally. Blending formal theory, observational and instrumental variables models, and elite interviews of leading Hungarian legal scholars and judges, Epperly offers a new framework for understanding judicial independence that integrates explanations of both de jure and de facto independence in both democratic and autocratic regimes.
The Politics Of Judicial Independence In The Uk S Changing Constitution
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Author : Graham Gee
language : en
Publisher: Cambridge University Press
Release Date : 2015-03-12
The Politics Of Judicial Independence In The Uk S Changing Constitution written by Graham Gee 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 2015-03-12 with Law categories.
Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.
The Culture Of Judicial Independence
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Author : Shimon Shetreet
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-11-11
The Culture Of Judicial Independence written by Shimon Shetreet 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 2011-11-11 with Law categories.
The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.
The Politics Of Judicial Independence
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Author : Thomas S. Clark
language : en
Publisher:
Release Date : 2008
The Politics 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 2008 with categories.
To assess the theoretical predictions, I assemble an original dataset including all Court-curbing proposals introduced in Congress between 1877 and 2006. Court-curbing bills are pieces of legislation seeking to restrict or remove judicial power. The introduction of Court-curbing is first treated as a dependent variable, using data on public opinion, Supreme Court decisions, and theories of congressional behavior to assess the theoretical model's predictions about when Congress should engage in legislative attacks on the Court. Next, Court-curbing is used as an independent variable to explain variation in the Court's decision-making. The analyses show the Supreme Court exercises self-restraint when members of Congress send institutional signals that can credibly communicate public discontent with the Court. Evidence from the statistical analyses is combined with evidence from archival research to provide a reinterpretation of several historical examples of Court-Congress conflict.
Comparative Judicial Politics
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Author : Theodore Lewis Becker
language : en
Publisher: Chicago : Rand McNally
Release Date : 1970
Comparative Judicial Politics written by Theodore Lewis Becker and has been published by Chicago : Rand McNally this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Courts categories.
Curbing The Court
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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.