Towering Judges
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Towering Judges
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Author : Rehan Abeyratne
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-25
Towering Judges written by Rehan Abeyratne 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 2021-03-25 with Law categories.
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
Comparative Constitutional Law
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Author : Tom Ginsburg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Comparative Constitutional Law written by Tom Ginsburg 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 2011-01-01 with Law categories.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Justice For Everyone
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Author : Rosemary Hunter
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26
Justice For Everyone written by Rosemary Hunter 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 2022-05-26 with Biography & Autobiography categories.
Featuring original research, this collection celebrates the remarkable career of former Supreme Court President, Brenda Hale.
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Responsive Judicial Review
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Author : Rosalind Dixon
language : en
Publisher: Oxford University Press
Release Date : 2023-01-18
Responsive Judicial Review written by Rosalind Dixon 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 2023-01-18 with Law categories.
Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea. In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions—through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system's responsiveness to democratic majority understandings. The idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a 'weakened' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality, and an embrace of 'weak – strong' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.
The Judge The Judiciary And The Court
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Author : Gabrielle Appleby
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-29
The Judge The Judiciary And The Court written by Gabrielle Appleby 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 2021-04-29 with Law categories.
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
The Business Of Judging
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Author : Tom Bingham
language : en
Publisher: OUP Oxford
Release Date : 2000-08-03
The Business Of Judging written by Tom Bingham and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-08-03 with Law categories.
Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. The Business of Judging collects Bingham's most important writings during his period in judicial office before the House of Lords. The papers collected here offer Bingham's views on a wide range of issues, ranging from the ethics of judging to the role of law in a diverse society. They include his reflections on the main contours of English public and criminal law, and his early work on the incorporation of the European Convention on Human Rights and reforming the constitution. Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding the role of the law and courts in public life for the general reader.
The Law And Politics Of Unconstitutional Constitutional Amendments In Asia
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Author : Rehan Abeyratne
language : en
Publisher: Routledge
Release Date : 2021-11-30
The Law And Politics Of Unconstitutional Constitutional Amendments In Asia written by Rehan Abeyratne and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-30 with Law categories.
This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
Brian Dickson
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Author : Robert J. Sharpe
language : en
Publisher: University of Toronto Press
Release Date : 2003-01-01
Brian Dickson written by Robert J. Sharpe 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 2003-01-01 with Biography & Autobiography categories.
Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period.
Law And Politics Of Constitutional Courts
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Author : Stefanus Hendrianto
language : en
Publisher: Routledge
Release Date : 2018-04-17
Law And Politics Of Constitutional Courts written by Stefanus Hendrianto and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-17 with Law categories.
This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.