Judicial Power
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| Author | : Christine Landfried |
| Publisher | : Cambridge University Press |
| Total Pages | : 411 |
| Release | : 2019-02-07 |
| Genre | : Law |
| ISBN | : 1316999084 |
Download Judicial Power Book in PDF, Epub and Kindle
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
| Author | : Benjamin G. Engst |
| Publisher | : Springer Nature |
| Total Pages | : 255 |
| Release | : 2021-04-17 |
| Genre | : Political Science |
| ISBN | : 3030460169 |
Download The Two Faces of Judicial Power Book in PDF, Epub and Kindle
This book shows that constitutional courts exercise direct and indirect power on political branches through decision-making. The first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways. The second face leads political actors to anticipate judicial review and draft policies accordingly. The judicial–political interaction originating from both faces is herein formally modeled. A cross-European comparison of pre-conditions of judicial power shows that the German Federal Constitutional Court is a well-suited representative case for a quantitative assessment of judicial power. Multinomial logistic regressions show that the court uses directives when evasion of decisions is costly while accounting for the government’s ability to implement decisions. Causal analyses of the second face of judicial power show that bills exposed to legal signals are drafted accounting for the court. These findings re-shape our understanding of judicialization and shed light on a silent form of judicialization.
| Author | : William Lasser |
| Publisher | : UNC Press Books |
| Total Pages | : 467 |
| Release | : 2017-10-01 |
| Genre | : Political Science |
| ISBN | : 1469632462 |
Download The Limits of Judicial Power Book in PDF, Epub and Kindle
Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
| Author | : Paulo Pinto de Albuquerque |
| Publisher | : Springer Nature |
| Total Pages | : 671 |
| Release | : 2019-08-21 |
| Genre | : Law |
| ISBN | : 3030207447 |
Download Judicial Power in a Globalized World Book in PDF, Epub and Kindle
This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
| Author | : William Lasser |
| Publisher | : UNC Press Books |
| Total Pages | : 467 |
| Release | : 2017-10-01 |
| Genre | : Political Science |
| ISBN | : 1469632462 |
Download The Limits of Judicial Power Book in PDF, Epub and Kindle
Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
| Author | : Jeffrey K. Staton |
| Publisher | : Cambridge University Press |
| Total Pages | : 237 |
| Release | : 2010-03-22 |
| Genre | : Business & Economics |
| ISBN | : 0521195217 |
Download Judicial Power and Strategic Communication in Mexico Book in PDF, Epub and Kindle
Although they are not directly accountable to voters, constitutional court judges communicate with the general public through the media. In Judicial Power and Strategic Communication in Mexico, Jeffrey K. Staton argues that constitutional courts develop public relations strategies in order to increase the transparency of judicial behavior and promote judicial legitimacy. Yet, in some political contexts there can be a tension between transparency and legitimacy, and for this reason, courts cannot necessarily advance both conditions simultaneously. The argument is tested via an analysis of the Mexican Supreme Court during Mexico's recent transition to democracy, and also through a cross-national analysis of public perceptions of judicial legitimacy. The results demonstrate that judges can be active participants in the construction of their own power. More broadly, the study develops a positive political theory of institutions, which highlights the connections between democratization and the rule of law.
| Author | : James E Pfander |
| Publisher | : Oxford University Press |
| Total Pages | : 328 |
| Release | : 2009-06-04 |
| Genre | : Law |
| ISBN | : 0195340337 |
Download One Supreme Court Book in PDF, Epub and Kindle
In offering a general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts, and much more.
| Author | : Sotirios A. Barber |
| Publisher | : |
| Total Pages | : 279 |
| Release | : 1993 |
| Genre | : Law |
| ISBN | : |
Download The Constitution of Judicial Power Book in PDF, Epub and Kindle
Barber shows that New Right theorists, such as Bork, and establishment liberals, such as Ronald Dworkin, are moral relativists who cannot escape conclusions ("might makes right," for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the Court's friends to do just that. Written in a lively and engaging style.
| Author | : Walter F. Murphy |
| Publisher | : Quid Pro Books |
| Total Pages | : 400 |
| Release | : 2016-06-01 |
| Genre | : Law |
| ISBN | : 1610273540 |
Download Elements of Judicial Strategy Book in PDF, Epub and Kindle
| Author | : Alexander Hamilton |
| Publisher | : Read Books Ltd |
| Total Pages | : 455 |
| Release | : 2018-08-20 |
| Genre | : History |
| ISBN | : 1528785878 |
Download The Federalist Papers Book in PDF, Epub and Kindle
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
