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Author : David F. Forte
Publisher :
ISBN 13 :
Total Pages : 118 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Supreme Court in American Politics written by David F. Forte and published by . This book was released on 1972 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen C. Halpern
Publisher : Free Press
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.3/5 (91 download)
Download or read book Supreme Court Activism and Restraint written by Stephen C. Halpern and published by Free Press. This book was released on 1982 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stefanie Lindqquist
Publisher : Oxford University Press
ISBN 13 : 0195370856
Total Pages : 189 pages
Book Rating : 4.1/5 (953 download)
Download or read book Measuring Judicial Activism written by Stefanie Lindqquist and published by Oxford University Press. This book was released on 2009-04-23 with total page 189 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.
Author : Ridwanul Hoque
Publisher : Cambridge Scholars Publishing
ISBN 13 : 144382822X
Total Pages : 395 pages
Book Rating : 4.4/5 (438 download)
Download or read book Judicial Activism in Bangladesh written by Ridwanul Hoque and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
Author : Brian Risman
Publisher : Independently Published
ISBN 13 : 9781790702312
Total Pages : 342 pages
Book Rating : 4.7/5 (23 download)
Download or read book Judicial Restraint and Judicial Activism written by Brian Risman and published by Independently Published. This book was released on 2018-12-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are at a Crossroads in the Rule of Law. Do we defend the law from tyrants and dictators, especially in democratic elections, by protecting the concept of the Law as Sovereign? In doing so, do we defend long-standing values and protections? And, how do we defend those long-standing values and protections? To protect the Rule of Law, do we invoke Judicial Restraint OR Judicial Activism? Or, do we invoke BOTH Judicial Restraint and Judicial Activism? If we choose between Restraint OR Activism, we promote conflict between the two, causing Extremism to flourish; but if we use BOTH Restraint and Activism, we will be promoting Moderation. And Moderation works against the Extremism that leads to the authoritarian tyrants and dictatorships that are growing worldwide.We in the law must defend democracy and liberty.That means the Law is Sovereign. We in the Law must defend what is Right, what should be Protected. We will defend the wisdom of Law as Sovereign that the Magna Carta gave to not only protect all of us, but to empower us personally, and as part of the Citizenry.
Author : Jerold Waltman
Publisher : Palgrave Pivot
ISBN 13 : 9781137490650
Total Pages : 0 pages
Book Rating : 4.4/5 (96 download)
Download or read book Principled Judicial Restraint: A Case Against Activism written by Jerold Waltman and published by Palgrave Pivot. This book was released on 2015-06-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like many books, this one argues for a more restrained Supreme Court. Unlike most other books, however, this one grounds that call in a fully elaborated constitutional theory that goes beyond the "counter-majoritarian difficulty."
Author : Kermit Roosevelt
Publisher : Yale University Press
ISBN 13 : 0300129564
Total Pages : 272 pages
Book Rating : 4.3/5 (1 download)
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.
Author : Jerold Waltman
Publisher : Springer
ISBN 13 : 1137486961
Total Pages : 117 pages
Book Rating : 4.1/5 (374 download)
Download or read book Principled Judicial Restraint: A Case Against Activism written by Jerold Waltman and published by Springer. This book was released on 2015-06-12 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like many books, this one argues for a more restrained Supreme Court. Unlike most other books, however, this one grounds that call in a fully elaborated constitutional theory that goes beyond the "counter-majoritarian difficulty."
Author : Sterling Harwood
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.3/5 (91 download)
Download or read book Judicial Activism written by Sterling Harwood and published by . This book was released on 1996 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study explores the various arguments in favor and against activism offered in leading theories, including treatment of the democratic framework of courts, of the importance of predecent or stare decisis in judicial decision, and of the justification of activism by procedural due process. Reconsidering these same criticisms passivists make about activism, Harwood builds a tightly-argued case in favor of activism.
Author : Thomas M. Keck
Publisher : University of Chicago Press
ISBN 13 : 0226428869
Total Pages : 393 pages
Book Rating : 4.2/5 (264 download)
Download or read book The Most Activist Supreme Court in History written by Thomas M. Keck and published by University of Chicago Press. This book was released on 2010-02-15 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Author : Clint Bolick
Publisher : Cato Institute
ISBN 13 : 1933995025
Total Pages : 208 pages
Book Rating : 4.9/5 (339 download)
Download or read book David's Hammer written by Clint Bolick and published by Cato Institute. This book was released on 2007 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial activism is condemned by both right and left, for good reason: lawless courts are a threat to republican government. But challenging conventional wisdom, constitutional litigator Clint Bolick argues in Davids Hammer that far worse is a judiciary that allows the other branches of government to run roughshod over precious liberties. That, Bolick demonstrates, is exactly the role the framers intended the courts to play, envisioning a judiciary deferential to proper democratic governance but bold in defense of freedom. But the historical record is painfully uneven. During the Warren era.
Author : Aharon Barak
Publisher : Princeton University Press
ISBN 13 : 1400827043
Total Pages : 355 pages
Book Rating : 4.4/5 (8 download)
Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2009-01-10 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Author : Kenneth M. Holland
Publisher : Springer
ISBN 13 : 1349117749
Total Pages : 230 pages
Book Rating : 4.3/5 (491 download)
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.
Author : Marcia Coyle
Publisher : Simon and Schuster
ISBN 13 : 145162753X
Total Pages : 416 pages
Book Rating : 4.4/5 (516 download)
Download or read book The Roberts Court written by Marcia Coyle and published by Simon and Schuster. This book was released on 2013-05-07 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr. Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.
Author : Ronald Edward Fisher
Publisher :
ISBN 13 :
Total Pages : 74 pages
Book Rating : 4.F/5 ( download)
Download or read book The Concept of Judicial Activism written by Ronald Edward Fisher and published by . This book was released on 1977 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Frederic R. Kellogg
Publisher : Cambridge University Press
ISBN 13 : 1139460870
Total Pages : 177 pages
Book Rating : 4.1/5 (394 download)
Download or read book Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint written by Frederic R. Kellogg and published by Cambridge University Press. This book was released on 2006-12-11 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.
Author : Jerold Waltman
Publisher : Palgrave Pivot
ISBN 13 : 9781349696475
Total Pages : 117 pages
Book Rating : 4.6/5 (964 download)
Download or read book Principled Judicial Restraint written by Jerold Waltman and published by Palgrave Pivot. This book was released on 2014-01-14 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like many books, this one argues for a more restrained Supreme Court. Unlike most other books, however, this one grounds that call in a fully elaborated constitutional theory that goes beyond the "counter-majoritarian difficulty."
