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Author : Donald Wilson Jackson
Publisher :
ISBN 13 :
Total Pages : 260 pages
Book Rating : 4.4/5 (91 download)
Download or read book Judicial Review and Public Policy in Comparative Perspective written by Donald Wilson Jackson and published by . This book was released on 1990 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Guobin Zhu
Publisher : Springer Nature
ISBN 13 : 3030315398
Total Pages : 445 pages
Book Rating : 4.0/5 (33 download)
Download or read book Deference to the Administration in Judicial Review written by Guobin Zhu and published by Springer Nature. This book was released on 2019-11-23 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Author : Herbert Jacob
Publisher : Yale University Press
ISBN 13 : 9780300063790
Total Pages : 420 pages
Book Rating : 4.0/5 (637 download)
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.
Author : Erin F. Delaney
Publisher : Edward Elgar Publishing
ISBN 13 : 1788110609
Total Pages : 463 pages
Book Rating : 4.7/5 (881 download)
Download or read book Comparative Judicial Review written by Erin F. Delaney and published by Edward Elgar Publishing. This book was released on 2018 with total page 463 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 the 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.
Author : Donald W. Jackson
Publisher : Praeger
ISBN 13 : 0313286159
Total Pages : 0 pages
Book Rating : 4.3/5 (132 download)
Download or read book Comparative Judicial Review and Public Policy written by Donald W. Jackson and published by Praeger. This book was released on 1992-09-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is one of the few book-length analyses of judicial review and public policy in very different parts of the world today. Donald W. Jackson and C. Neal Tate have gathered together respected scholars and set forth a framework for comparative analysis into the origins of judicial review, its use as a policy tool, and its exercise and impact in the policy-making process. Political scientists, public policy analysts, and public administrators will find this a thought-provoking study in comparative politics and public administration and a useful classroom text. The text opens with an overview and a delineation of basic concepts and closes with a framework for analyzing the exercise of judicial review in policy making. The major part of the book offers case studies and analyses of the establishment of judicial review as a policy tool, and the impact of judicial review in various types of legal situations. These studies cover twelve countries, including the United States, Great Britain, Japan, India, Israel, and the USSR, among others. Chapter reference lists and a selected bibliography at the end of the book refer readers to current studies of importance.
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 : Francesca Bignami
Publisher :
ISBN 13 :
Total Pages : 45 pages
Book Rating : 4.:/5 (13 download)
Download or read book Regulation and the Courts written by Francesca Bignami and published by . This book was released on 2016 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: After a historical survey of the literature, this chapter puts forward a new analytical scheme to capture variation in comparative judicial review. The earliest, and still relevant, classification developed in the scholarly literature turns on the difference between judicial review of administrative action by the ordinary courts in the English common law and by a special body (Conseil d'Etat) connected to the executive branch in the French droit administratif. This is followed chronologically by the contrast that has been drawn by Robert Kagan and public-choice scholars between the litigious and formal American system of law and public policy and the informal and discretionary European model. The chapter then proposes a new classification based on two competing theories that are deployed by courts: in European jurisdictions, judicial review to safeguard fundamental economic and social rights (the fundamental rights model) and, in the United States, judicial review to safeguard procedural democracy (the ballot-box democracy model). In Europe, the courts employ doctrines such as proportionality and equality to protect economic and social rights in government policy-making; in the United States, the courts impose extensive procedural requirements on public administration to promote democracy when the bureaucracy undertakes policy-making. After considering the historical reasons for these two models of judicial review, the chapter argues that it will be important to investigate them empirically in light of their potential for diffusion to domestic and international jurisdictions.
Author : Mauro Cappelletti
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 464 pages
Book Rating : 4.3/5 (91 download)
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.
Author : Benjamin Bricker
Publisher :
ISBN 13 : 9781785521478
Total Pages : 176 pages
Book Rating : 4.5/5 (214 download)
Download or read book Visions of Judicial Review written by Benjamin Bricker and published by . This book was released on 2016 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book establishes a framework to consider the value of judicial review in modern democracy, grouping answers to this question into one of three main arguments, or 'visions' for judicial review: legalist; rights-protecting; and majoritarian.
Author : Lee Epstein
Publisher : Cambridge University Press
ISBN 13 : 1009058738
Total Pages : 101 pages
Book Rating : 4.0/5 (9 download)
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.
Author : H. P. Lee
Publisher : Cambridge University Press
ISBN 13 : 1139499866
Total Pages : 625 pages
Book Rating : 4.1/5 (394 download)
Download or read book Judiciaries in Comparative Perspective written by H. P. Lee and published by Cambridge University Press. This book was released on 2011-08-11 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
Author : Andrea Castagnola
Publisher : Routledge
ISBN 13 : 1315520605
Total Pages : 191 pages
Book Rating : 4.3/5 (155 download)
Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Author : C Neal Tate
Publisher : NYU Press
ISBN 13 : 0814782272
Total Pages : 572 pages
Book Rating : 4.8/5 (147 download)
Download or read book The Global Expansion of Judicial Power written by C Neal Tate and published by NYU Press. This book was released on 1995 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political scientists and legal scholars of various ideological perspectives trace the intellectual origins of the trend toward the judicialization of politics and the increasing domination of decision- making arenas by quasi-judicial procedures, looking at conditions that promote or retard judicialization in specific countries including Western common-law democracies, European Romano-Germanic democracies, and rapidly changing nations such as Russia and Namibia. Contains papers from a June 1992 meeting, plus other papers. Annotation copyright by Book News, Inc., Portland, OR
Author : Gidon Sapir
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (225 download)
Download or read book Judicial Review in Comparative Perspective written by Gidon Sapir and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Donald W. Jackson
Publisher : Praeger
ISBN 13 :
Total Pages : 238 pages
Book Rating : 4.3/5 (91 download)
Download or read book Comparative Judicial Review and Public Policy written by Donald W. Jackson and published by Praeger. This book was released on 1992-09-17 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is one of the few book-length analyses of judicial review and public policy in very different parts of the world today. Donald W. Jackson and C. Neal Tate have gathered together respected scholars and set forth a framework for comparative analysis into the origins of judicial review, its use as a policy tool, and its exercise and impact in the policy-making process. Political scientists, public policy analysts, and public administrators will find this a thought-provoking study in comparative politics and public administration and a useful classroom text. The text opens with an overview and a delineation of basic concepts and closes with a framework for analyzing the exercise of judicial review in policy making. The major part of the book offers case studies and analyses of the establishment of judicial review as a policy tool, and the impact of judicial review in various types of legal situations. These studies cover twelve countries, including the United States, Great Britain, Japan, India, Israel, and the USSR, among others. Chapter reference lists and a selected bibliography at the end of the book refer readers to current studies of importance.
Author : Caspar van den Berg
Publisher : Cambridge University Press
ISBN 13 : 1108496679
Total Pages : 335 pages
Book Rating : 4.1/5 (84 download)
Download or read book Policy Consultancy in Comparative Perspective written by Caspar van den Berg and published by Cambridge University Press. This book was released on 2020 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sheds new light on the use of external public policy consultants from an interdisciplinary and international comparative approach.
Author : Mauro Cappelletti
Publisher :
ISBN 13 :
Total Pages : 1053 pages
Book Rating : 4.:/5 (875 download)
Download or read book Judicial Review in Comparative Perspective written by Mauro Cappelletti and published by . This book was released on 1970 with total page 1053 pages. Available in PDF, EPUB and Kindle. Book excerpt:
