Courts Law And Politics In Comparative Perspective

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Courts, Law, and Politics in Comparative Perspective

Author : Herbert Jacob
Publisher :
ISBN 13 : 9780300063783
Total Pages : 408 pages
Book Rating : 4.0/5 (637 download)

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Book Synopsis Courts, Law, and Politics in Comparative Perspective by : Herbert Jacob

Download or read book Courts, Law, and Politics in Comparative Perspective written by Herbert Jacob and published by . This book was released on 1996 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book compares the intersection of political forces and legal practices in five industrial nations—the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

Courts, Law, and Politics in Comparative Perspective

Author : Herbert Jacob
Publisher : Yale University Press
ISBN 13 : 9780300063790
Total Pages : 420 pages
Book Rating : 4.0/5 (637 download)

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Book Synopsis Courts, Law, and Politics in Comparative Perspective by : Herbert Jacob

Download or read book Courts, Law, and Politics in Comparative Perspective written by Herbert Jacob and published by Yale University Press. This book was released on 1996-01-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

Courts and Political Institutions

Author : Thijmen Koopmans
Publisher : Cambridge University Press
ISBN 13 : 9780521533997
Total Pages : 332 pages
Book Rating : 4.5/5 (339 download)

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Book Synopsis Courts and Political Institutions by : Thijmen Koopmans

Download or read book Courts and Political Institutions written by Thijmen Koopmans and published by Cambridge University Press. This book was released on 2003-09-04 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers the relation between law and politics, including human rights, federalism and equal protection.

The Rule of Law in Comparative Perspective

Author : Mortimer Sellers
Publisher : Springer Science & Business Media
ISBN 13 : 9048137497
Total Pages : 253 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis The Rule of Law in Comparative Perspective by : Mortimer Sellers

Download or read book The Rule of Law in Comparative Perspective written by Mortimer Sellers and published by Springer Science & Business Media. This book was released on 2010-07-23 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Comparative Judicial Review

Author : Erin F. Delaney
Publisher :
ISBN 13 : 9781788110594
Total Pages : 0 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Comparative Judicial Review by : Erin F. Delaney

Download or read book Comparative Judicial Review written by Erin F. Delaney and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. This book's comparative and interdisciplinary accounts of a phenomenon of worldwide significance and its advanced introduction to the origins, functions, and contours of judicial review make it both accessible and indispensable. Comparative Judicial Review should be considered essential reading for every graduate student, early career scholar, and constitutional law professor seeking to become more comparative in their approach. Contributors include: K.J. Alter, S.G. Calabresi, W.-C. Chang, E.F. Delaney, R. Dixon, L, Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S. Issacharoff, V. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J. Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W. Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg, S. Waheedi, B.R. Weingast, E. Zackin

Courts

Author : Martin Shapiro
Publisher : University of Chicago Press
ISBN 13 : 022616134X
Total Pages : 257 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Courts by : Martin Shapiro

Download or read book Courts written by Martin Shapiro and published by University of Chicago Press. This book was released on 2013-11-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative work, Martin Shapiro proposes an original model for the study of courts, one that emphasizes the different modes of decision making and the multiple political roles that characterize the functioning of courts in different political systems.

The Judicial Process in Comparative Perspective

Author : Mauro Cappelletti
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 464 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Judicial Process in Comparative Perspective by : Mauro Cappelletti

Download or read book The Judicial Process in Comparative Perspective written by Mauro Cappelletti and published by Oxford University Press, USA. This book was released on 1989 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.

The Strategic Analysis of Judicial Behavior

Author : Lee Epstein
Publisher : Cambridge University Press
ISBN 13 : 1009058738
Total Pages : 101 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis The Strategic Analysis of Judicial Behavior by : Lee Epstein

Download or read book The Strategic Analysis of Judicial Behavior written by Lee Epstein and published by Cambridge University Press. This book was released on 2021-06-17 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past decade has witnessed a worldwide explosion of work aimed at illuminating judicial-behavior: the choices judges make and the consequences of their choices. We focus on strategic accounts of judicial-behavior. As in other approaches to judging, preferences and institutions play a central role but strategic accounts are unique in one important respect: They draw attention to the interdependent - i.e., the strategic - nature of judicial decisions. On strategic accounts, judges do not make decisions in a vacuum, but rather attend to the preferences and likely actions of other actors, including their colleagues, superiors, politicians, and the public. We survey the major methodological approaches for conducting strategic analysis and consider how scholars have used them to provide insight into the effect of internal and external actors on the judges' choices. As far as these studies have traveled in illuminating judicial-behavior, many opportunities for forward movement remain. We flag four in the conclusion.

The Judicial Process

Author : Christopher P. Banks
Publisher : CQ Press
ISBN 13 : 1483317005
Total Pages : 401 pages
Book Rating : 4.4/5 (833 download)

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Book Synopsis The Judicial Process by : Christopher P. Banks

Download or read book The Judicial Process written by Christopher P. Banks and published by CQ Press. This book was released on 2015-02-19 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

Crime and Justice, Volume 41

Author : Michael Tonry
Publisher : University of Chicago Press Journals
ISBN 13 : 9780226009704
Total Pages : 0 pages
Book Rating : 4.0/5 (97 download)

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Book Synopsis Crime and Justice, Volume 41 by : Michael Tonry

Download or read book Crime and Justice, Volume 41 written by Michael Tonry and published by University of Chicago Press Journals. This book was released on 2013-07-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void. Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control. Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.

Consequential Courts

Author : Diana Kapiszewski
Publisher : Cambridge University Press
ISBN 13 : 1107026539
Total Pages : 453 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Consequential Courts by : Diana Kapiszewski

Download or read book Consequential Courts written by Diana Kapiszewski and published by Cambridge University Press. This book was released on 2013-04-08 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.

Judicial Activism in Comparative Perspective

Author : Kenneth M. Holland
Publisher : Springer
ISBN 13 : 1349117749
Total Pages : 230 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis Judicial Activism in Comparative Perspective by : Kenneth M. Holland

Download or read book Judicial Activism in Comparative Perspective written by Kenneth M. Holland and published by Springer. This book was released on 1991-06-18 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.

The Judicial Process

Author : Christopher P. Banks
Publisher : CQ Press
ISBN 13 : 1483317021
Total Pages : 733 pages
Book Rating : 4.4/5 (833 download)

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Book Synopsis The Judicial Process by : Christopher P. Banks

Download or read book The Judicial Process written by Christopher P. Banks and published by CQ Press. This book was released on 2015-02-19 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

The Rights Revolution

Author : Charles R. Epp
Publisher : University of Chicago Press
ISBN 13 : 022677242X
Total Pages : 343 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Rights Revolution by : Charles R. Epp

Download or read book The Rights Revolution written by Charles R. Epp and published by University of Chicago Press. This book was released on 2020-05-14 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.

Constitutional Courts in Asia

Author : Albert H. Y. Chen
Publisher : Cambridge University Press
ISBN 13 : 110719508X
Total Pages : 407 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Constitutional Courts in Asia by : Albert H. Y. Chen

Download or read book Constitutional Courts in Asia written by Albert H. Y. Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Federalism and the Courts in Africa

Author : Yonatan T. Fessha
Publisher : Routledge
ISBN 13 : 1000042243
Total Pages : 176 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Federalism and the Courts in Africa by : Yonatan T. Fessha

Download or read book Federalism and the Courts in Africa written by Yonatan T. Fessha and published by Routledge. This book was released on 2020-03-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.

Human Rights and Judicial Review: A Comparative Perspective

Author : David M. Beatty
Publisher : BRILL
ISBN 13 : 9004479406
Total Pages : 374 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Human Rights and Judicial Review: A Comparative Perspective by : David M. Beatty

Download or read book Human Rights and Judicial Review: A Comparative Perspective written by David M. Beatty and published by BRILL. This book was released on 2021-09-27 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.