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.

Measuring Judicial Activism

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Publisher : Oxford University Press
ISBN 13 : 0195370856
Total Pages : 189 pages
Book Rating : 4.1/5 (953 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. 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.

The Supreme Court in American Politics

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Publisher :
ISBN 13 :
Total Pages : 118 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Supreme Court in American Politics by : David F. Forte

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:

Justice on the Brink

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Author :
Publisher : Random House Trade Paperbacks
ISBN 13 : 0593447948
Total Pages : 353 pages
Book Rating : 4.5/5 (934 download)

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Book Synopsis Justice on the Brink by : Linda Greenhouse

Download or read book Justice on the Brink written by Linda Greenhouse and published by Random House Trade Paperbacks. This book was released on 2022-10-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times—with a new preface by the author “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us.

Judicial Activism

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Author :
Publisher : Springer
ISBN 13 : 3319185497
Total Pages : 206 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Judicial Activism by : Luís Pereira Coutinho

Download or read book Judicial Activism written by Luís Pereira Coutinho and published by Springer. This book was released on 2015-05-26 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

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

Judicial Activism in Bangladesh

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 144382822X
Total Pages : 395 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Judicial Activism in Bangladesh by : Ridwanul Hoque

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)

Judicial Activism in Comparative Perspective

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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.

Judicial Activism in India

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judicial Activism in India by : Satyaranjan Purushottam Sathe

Download or read book Judicial Activism in India written by Satyaranjan Purushottam Sathe and published by Oxford University Press, USA. This book was released on 2002 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book Is An Examination Of Judicial Review And Its Role In Democracy, With Special Reference To India.

Judicial Activism

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Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Judicial Activism by : Sterling Harwood

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.

Freedom of Speech: The Supreme Court and Judicial Review

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Publisher : Quid Pro Books
ISBN 13 : 1458196860
Total Pages : 243 pages
Book Rating : 4.4/5 (581 download)

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Book Synopsis Freedom of Speech: The Supreme Court and Judicial Review by : Martin Shapiro

Download or read book Freedom of Speech: The Supreme Court and Judicial Review written by Martin Shapiro and published by Quid Pro Books. This book was released on 2011-02-11 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the great continuing disputes of U.S. politics is about the role of the Supreme Court. Another is about the First Amendment. This book is about both. A classic defense of the openly political role of the Court, this book belies the notion reasserted recently by Chief Justice Roberts that judges are just neutral umpires. Especially in the area of speech, judges make policy; they create law.

Toward Increased Judicial Activism

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Author :
Publisher : Praeger
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Toward Increased Judicial Activism by : Arthur Selwyn Miller

Download or read book Toward Increased Judicial Activism written by Arthur Selwyn Miller and published by Praeger. This book was released on 1982-10-25 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Proportionality and Judicial Activism

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Publisher : Cambridge University Press
ISBN 13 : 1107177987
Total Pages : 261 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Proportionality and Judicial Activism by : Niels Petersen

Download or read book Proportionality and Judicial Activism written by Niels Petersen and published by Cambridge University Press. This book was released on 2017-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.

The Most Activist Supreme Court in History

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Publisher : University of Chicago Press
ISBN 13 : 0226428869
Total Pages : 393 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis The Most Activist Supreme Court in History by : Thomas M. Keck

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.

The Rise of Modern Judicial Review

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Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1461645468
Total Pages : 463 pages
Book Rating : 4.4/5 (616 download)

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Book Synopsis The Rise of Modern Judicial Review by : Christopher Wolfe

Download or read book The Rise of Modern Judicial Review written by Christopher Wolfe and published by Rowman & Littlefield Publishers. This book was released on 1994-03-29 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.

Judicial Review: Process, Powers and Problems

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Publisher : Cambridge University Press
ISBN 13 : 1108836038
Total Pages : 463 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Judicial Review: Process, Powers and Problems by : Salman Khurshid

Download or read book Judicial Review: Process, Powers and Problems written by Salman Khurshid and published by Cambridge University Press. This book was released on 2020-06-11 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses Upendra Baxi's role as an Indian jurist and how his contributions have shaped our understanding of legal jurisprudence.

Judicial Review and the Consent of the Governed

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Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Judicial Review and the Consent of the Governed by : Donald E. Lively

Download or read book Judicial Review and the Consent of the Governed written by Donald E. Lively and published by . This book was released on 1990 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: