Courts and Judicial Activism under Crisis Conditions

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Author :
Publisher : Routledge
ISBN 13 : 1000436411
Total Pages : 319 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Courts and Judicial Activism under Crisis Conditions by : Martin Belov

Download or read book Courts and Judicial Activism under Crisis Conditions written by Martin Belov and published by Routledge. This book was released on 2021-09-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.

Judicial Activism

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Publisher : Rowman & Littlefield
ISBN 13 : 9780847685318
Total Pages : 168 pages
Book Rating : 4.6/5 (853 download)

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Book Synopsis Judicial Activism by : Christopher Wolfe

Download or read book Judicial Activism written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1997 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University

Measuring Judicial Activism

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 194 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Measuring Judicial Activism by : Stefanie Lindqquist

Download or read book Measuring Judicial Activism written by Stefanie Lindqquist and published by Oxford University Press, USA. This book was released on 2009-04-23 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.

The Myth of Judicial Activism

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Publisher : Yale University Press
ISBN 13 : 0300129564
Total Pages : 272 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Myth of Judicial Activism by : Kermit Roosevelt

Download or read book The Myth of Judicial Activism written by Kermit Roosevelt and published by Yale University Press. This book was released on 2008-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.

Constitutions in Times of Financial Crisis

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Publisher : Cambridge University Press
ISBN 13 : 9781108729208
Total Pages : 342 pages
Book Rating : 4.7/5 (292 download)

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Book Synopsis Constitutions in Times of Financial Crisis by : Tom Ginsburg

Download or read book Constitutions in Times of Financial Crisis written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2022-06-30 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

Radical Deprivation on Trial

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Publisher : Cambridge University Press
ISBN 13 : 1107078881
Total Pages : 235 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Radical Deprivation on Trial by : César A. RodrÃ-guez-Garavito

Download or read book Radical Deprivation on Trial written by César A. RodrÃ-guez-Garavito and published by Cambridge University Press. This book was released on 2015-10-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.

Rule of Law in Crisis

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Publisher : Taylor & Francis
ISBN 13 : 1000830381
Total Pages : 323 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Rule of Law in Crisis by : Martin Belov

Download or read book Rule of Law in Crisis written by Martin Belov and published by Taylor & Francis. This book was released on 2022-12-30 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.

The Cycles of Constitutional Time

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Publisher : Oxford University Press
ISBN 13 : 0197531016
Total Pages : 246 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Cycles of Constitutional Time by : Jack M. Balkin

Download or read book The Cycles of Constitutional Time written by Jack M. Balkin and published by Oxford University Press. This book was released on 2020-08-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot--the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system. But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look like in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.

Constitutional Semiotics

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509931422
Total Pages : 368 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Semiotics by : Martin Belov

Download or read book Constitutional Semiotics written by Martin Belov and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.

Constitutional Law in Bulgaria

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403544570
Total Pages : 428 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Constitutional Law in Bulgaria by : Martin Belov

Download or read book Constitutional Law in Bulgaria written by Martin Belov and published by Kluwer Law International B.V.. This book was released on 2024-01-18 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Bulgaria provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Bulgaria will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Research Handbook on Legal Semiotics

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1802207260
Total Pages : 517 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Research Handbook on Legal Semiotics by : Anne Wagner

Download or read book Research Handbook on Legal Semiotics written by Anne Wagner and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook explores the wide variety of work conducted in legal semiotics to provide a broad understanding of how the law works through signs and symbols. Demonstrating that law is a strategical system of fluctuating signs, contributors critically analyse the ever-evolving conceptualisations of law and legal discourse.

EU Law and National Constitutions

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Publisher : Taylor & Francis
ISBN 13 : 1003807968
Total Pages : 343 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis EU Law and National Constitutions by : Alberto Nicòtina

Download or read book EU Law and National Constitutions written by Alberto Nicòtina and published by Taylor & Francis. This book was released on 2023-12-04 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU Member States’ constitutional systems, including the subnational tier, interact with the supranational level. It maps the evolution over time of constitutional strategies in the face of multi-level governance and individuates contextual factors on an empirical basis. The volume includes twelve national reports written by leading experts in constitutional and EU law, and in political science. The countries discussed include the six founding Member States, together with a selection of Member States in which a clear-cut evolution in the national constitutional approach towards the EU can be observed. These include the Czech Republic, Denmark, Hungary, Poland, Portugal and the United Kingdom. The latter is included as an “extreme” case in which the change in constitutional strategy over time has resulted in withdrawing from the Union altogether. Taken together, the book assembles the building blocks of an explanatory theory of constitutional strategies in the face of multi-level governance. The volume will be of interest to students and researchers in comparative constitutional law, political science and multidisciplinary EU studies. It will also be a valuable resource for policy-makers.

Challenges to EU Values in Hungary

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Publisher : Taylor & Francis
ISBN 13 : 1000814319
Total Pages : 243 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Challenges to EU Values in Hungary by : Beáta Bakó

Download or read book Challenges to EU Values in Hungary written by Beáta Bakó and published by Taylor & Francis. This book was released on 2022-12-30 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: The national-conservative government of Hungary has been heavily criticised for its violation of EU values, primarily, the rule of law in recent years. This book looks to the bigger picture in examining the rule-of-law debate between Hungary and the EU. It explores how certain elements of various Hungarian constitutional reforms are interrelated and how the EU has failed to address the situation properly. It is argued here that the reason the EU has been unable to enforce its values effectively in Hungary stems from the misunderstanding that Hungary kept the institutional design of liberal democracy but made it dysfunctional. The debate with the EU is characterised as a dialogue of the deaf as the EU insists on advancing the rule-of-law agenda, while the Hungarian government defends itself by alluding to its democratic legitimacy. The author contents that the Hungarian government is in fact playing a charade, while the actions of the EU maintain this drama. The book will be of interest to students, academics, and policymakers working in the areas of constitutional law and politics, EU law, and populism.

Constitutions in the Global Financial Crisis

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Publisher : Routledge
ISBN 13 : 1317161629
Total Pages : 316 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Constitutions in the Global Financial Crisis by : Xenophon Contiades

Download or read book Constitutions in the Global Financial Crisis written by Xenophon Contiades and published by Routledge. This book was released on 2016-05-23 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

Elections in Times of a Pandemic – Dilemmas and Challenges

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Author :
Publisher : BRILL
ISBN 13 : 900469062X
Total Pages : 474 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Elections in Times of a Pandemic – Dilemmas and Challenges by :

Download or read book Elections in Times of a Pandemic – Dilemmas and Challenges written by and published by BRILL. This book was released on 2024-03-04 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: The COVID-19 pandemic demonstrated that unexpected and unpredictable situations can hinder the conduct of general elections around the world. The book is a comprehensive analysis of the organization of elections during the COVID-19 pandemic. In addition to the theoretical perspective, it familiarizes the public with specific electoral solutions adopted during the pandemic in selected European countries (Italy, Germany, Lithuania, Serbia, Russia, Czech Republic, Estonia, Latvia, Liechtenstein, Poland). The editors believe that this book will bring closer the specific solutions adopted in the considered countries during the COVID-19 pandemic and provide readers with a multi-faceted understanding of elections in emergency situations. Contributors are: Roman Bäcker, Ryszard Balicki, Piotr Chrobak, Rafał Dudała, Kamil Glinka, Maciej Górny, Maciej Hartliński, Marcin Jastrzębski, Izabela Kapsa, Agnieszka Kasińska-Metryka, Joanna Kielin-Maziarz, Jakub Klepański, Oliwia Kowalik, Krzysztof Koźbiał, Aleksandra Kuczyńska-Zonik, Natalia Kusa, Elżbieta Lesiewicz, Natasza Lubik-Reczek, Agnieszka Łukasik-Turecka, Paweł Malendowicz, Martinas Maluzinas, Radosław Marzęcki, Magdalena Musiał-Karg, Adam Pluszczyk, Agata Pyrzyńska, Marcin Rachwał, Joanna Rak, Kamila Sierzputowska, Krzysztof Skotnicki, Piotr Walewicz, Jacek Wojnicki, and Waldemar Wojtasik.

The Indian Supreme Court and Politics

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Author :
Publisher :
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.:/5 (34 download)

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Book Synopsis The Indian Supreme Court and Politics by : Upendra Baxi

Download or read book The Indian Supreme Court and Politics written by Upendra Baxi and published by . This book was released on 1980 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law and Politics of Unconstitutional Constitutional Amendments in Asia

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Author :
Publisher : Routledge
ISBN 13 : 1000483738
Total Pages : 318 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Law and Politics of Unconstitutional Constitutional Amendments in Asia by : Rehan Abeyratne

Download or read book The Law and Politics of Unconstitutional Constitutional Amendments in Asia written by Rehan Abeyratne and published by Routledge. This book was released on 2021-11-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.