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Judicial Independence In The Age Of Democracy
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Book Synopsis Judicial Independence in the Age of Democracy by : Peter H. Russell
Download or read book Judicial Independence in the Age of Democracy written by Peter H. Russell and published by University of Virginia Press. This book was released on 2001 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judicial Independence in the Age of Democracy by : Peter H. Russell (eds)
Download or read book Judicial Independence in the Age of Democracy written by Peter H. Russell (eds) and published by University of Virginia Press. This book was released on 2001 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Can Courts be Bulwarks of Democracy? by : Jeffrey K. Staton
Download or read book Can Courts be Bulwarks of Democracy? written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Book Synopsis Judicial Power by : Christine Landfried
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Book Synopsis Judges and Democratization by : B. C. Smith
Download or read book Judges and Democratization written by B. C. Smith and published by Routledge. This book was released on 2017-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Judiciaries must be politically impartial and immune from political interference if democracy is to be consolidated in countries in transition from authoritarian rule. Without an independent judiciary there can be no rule of law, and without the rule of law there can be no democracy. Judges and Democratization is based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence, and the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. It examines the paradox of judicial activism arising from the independence endowed upon the judiciary by post-authoritarian constitutions. The book asks how, in the context of this endowed authority, such accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This text will be of key interest to teachers and students of politics, comparative government/politics, combined politics and law, democracy and governance, human rights and democratization, and democratic development.
Book Synopsis The Politics of Judicial Independence in the UK's Changing Constitution by : Graham Gee
Download or read book The Politics of Judicial Independence in the UK's Changing Constitution written by Graham Gee and published by Cambridge University Press. This book was released on 2015-03-12 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judges and Democratization by : B. C. Smith
Download or read book Judges and Democratization written by B. C. Smith and published by Taylor & Francis. This book was released on 2022-11-18 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.
Book Synopsis Challenged Justice: In Pursuit of Judicial Independence by : Shimon Shetreet
Download or read book Challenged Justice: In Pursuit of Judicial Independence written by Shimon Shetreet and published by BRILL. This book was released on 2021-08-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Book Synopsis Can Courts be Bulwarks of Democracy? by : Jeffrey K. Staton
Download or read book Can Courts be Bulwarks of Democracy? written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that undermine their ability to do so. Recognizing these constraints, this book argues that courts can influence regime instability by affecting inter-elite conflict. They do so in three ways: by helping leaders credibly reveal their rationales for policy choices that may appear to violate legal rules; by encouraging leaders to less frequently make decisions that raise concerns about rule violations; and by encouraging the opposition to accept potential rule violations. Courts promote the prudent use of power in each of these approaches. This book evaluates the implications of this argument using a century of global data tracking judicial politics and democratic survival.
Book Synopsis The Politics of Judicial Independence by : Bruce Peabody
Download or read book The Politics of Judicial Independence written by Bruce Peabody and published by JHU Press. This book was released on 2011 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judicial Independence: Cornerstone of Democracy by : Shimon Shetreet
Download or read book Judicial Independence: Cornerstone of Democracy written by Shimon Shetreet and published by Brill Nijhoff. This book was released on 2023-10-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an academic continuation of the previous five volumes on judicial independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, Wayne McCormack, Hiram E. Chodosh and Eric Helland, all books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014), The Culture of Judicial Independence in a Globalised World (2016), Challenged Justice: In Pursuit of Judicial Independence (2021). This volume offers studies by distinguished scholars and judges from different jurisdictions on numerous dimensions regarding the essential role of judicial independence in democracy. It includes analyses of basic constitutional principles and contemporary issues of judicial independence and judicial procces in many jurisdictions and analyses of international standarts of judicial independence and judicial ethics
Book Synopsis Judges and Democratization by : B. C. Smith
Download or read book Judges and Democratization written by B. C. Smith and published by Routledge. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This second edition examines judicial independence as an aspect of democratization, based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly to comparative government/politics, human rights and comparative public law"--
Book Synopsis The Culture of Judicial Independence by : Shimon Shetreet
Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2014-09-12 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an in depth analysis of current issues of culture of judicial independence in comparative perspective by senior academics, judges and practitioners across jurisdictions. It deals with central topics that stand high in the academic and public discourse on the role of judges in society and in the system of government, their constitutional position, and the relations between top domestic courts and international and supra-national courts.
Book Synopsis Appointing Judges in an Age of Judicial Power by : Peter H. Russell
Download or read book Appointing Judges in an Age of Judicial Power written by Peter H. Russell and published by University of Toronto Press. This book was released on 2006-01-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Book Synopsis Judicial Independence and the American Constitution by : Martin H. Redish
Download or read book Judicial Independence and the American Constitution written by Martin H. Redish and published by Stanford Law Books. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch shielded from direct majoritarian political accountability to protect and enforce these constitutional limits. Paradoxically, only a counter-majoritarian judicial branch could ensure the continued vitality of our representational form of government. This important lesson of the paradox of American democracy has been challenged and often ignored by office holders and legal scholars. Judicial Independence and the American Constitution provocatively defends the centrality of these special protections of judicial independence. Martin H. Redish explains how the nation's system of counter-majoritarian constitutionalism cannot survive absent the vesting of final powers of constitutional interpretation and enforcement in the one branch of government expressly protected by the Constitution from direct political accountability: the judicial branch. He uncovers how the current framework of American constitutional law has been unwisely allowed to threaten or undermine these core precepts of judicial independence.
Book Synopsis Judges and Democratization by : B. C. Smith
Download or read book Judges and Democratization written by B. C. Smith and published by CreateSpace. This book was released on 2015-02-03 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judiciaries must be politically impartial and immune from political interference if democracy is to be consolidated in countries in transition from authoritarian rule. Without an independent judiciary there can be no rule of law, and without the rule of law there can be no democracy. Judges and Democratization is based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence, and the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. It examines the paradox of judicial activism arising from the independence endowed upon the judiciary by post-authoritarian constitutions. Judicial activism raises concerns that the legitimate authority of elected legislatures is being usurped. Consequently, demands have been voiced to make the judiciary more accountable. Judges and Democratization asks how such accountability can be made compatible with the preservation of judicial independence when the concept of an accountable independent judiciary appears to be a contradiction in terms.
Book Synopsis The Struggle of Democracy Against Terrorism by : Emanuel Gross
Download or read book The Struggle of Democracy Against Terrorism written by Emanuel Gross and published by University of Virginia Press. This book was released on 2006 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the legal and moral complexities democracies face when dealing with terrorism. This book is useful to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.
