Restoring The Global Judiciary

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Restoring the Global Judiciary

Author : Martin S. Flaherty
Publisher : Princeton University Press
ISBN 13 : 0691204780
Total Pages : 344 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Restoring the Global Judiciary by : Martin S. Flaherty

Download or read book Restoring the Global Judiciary written by Martin S. Flaherty and published by Princeton University Press. This book was released on 2022-05-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

Building the Judiciary

Author : Justin Crowe
Publisher : Princeton University Press
ISBN 13 : 1400842573
Total Pages : 313 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Building the Judiciary by : Justin Crowe

Download or read book Building the Judiciary written by Justin Crowe and published by Princeton University Press. This book was released on 2012-03-25 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.

Coercing Virtue

Author : Robert H. Bork
Publisher : A E I Press
ISBN 13 : 9780844741628
Total Pages : 161 pages
Book Rating : 4.7/5 (416 download)

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Book Synopsis Coercing Virtue by : Robert H. Bork

Download or read book Coercing Virtue written by Robert H. Bork and published by A E I Press. This book was released on 2003-01-01 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eye-opening dispatch on the culture war traces the dangerous influence of overreaching courts around the world.

Judicial Integrity

Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Judicial Integrity by :

Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

A New Introduction to American Constitutionalism

Author : Mark A. Graber
Publisher : Oxford University Press
ISBN 13 : 0190245239
Total Pages : 307 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis A New Introduction to American Constitutionalism by : Mark A. Graber

Download or read book A New Introduction to American Constitutionalism written by Mark A. Graber and published by Oxford University Press. This book was released on 2015-03-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.

Marbury v. Madison

Author : William E. Nelson
Publisher : University Press of Kansas
ISBN 13 : 0700626409
Total Pages : 184 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Marbury v. Madison by : William E. Nelson

Download or read book Marbury v. Madison written by William E. Nelson and published by University Press of Kansas. This book was released on 2018-05-19 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court’s standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution. Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court’s prestige and power rather than have it serve partisan political agendas. Nelson expands upon his original historical analysis by providing a more complete and nuanced account of eighteenth-century constitutionalism and the early development of judicial review. The new material includes chapters on nullification of legislation in local courts, James Otis’s articulation of the doctrine of judicial review in the Writs of Assistance Case, the use of this doctrine in response to the Stamp Act and Townshend Act, and the expansion of judicial review in the State Cases. This revised and expanded edition provides a fuller picture of colonial America and a richer understanding of Marshall’s foundational decision.

Challenged Justice: In Pursuit of Judicial Independence

Author : Shimon Shetreet
Publisher : BRILL
ISBN 13 : 9004421556
Total Pages : 588 pages
Book Rating : 4.0/5 (44 download)

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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.

A Mere Machine

Author : Anna Harvey
Publisher : Yale University Press
ISBN 13 : 0300171110
Total Pages : 385 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis A Mere Machine by : Anna Harvey

Download or read book A Mere Machine written by Anna Harvey and published by Yale University Press. This book was released on 2013-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

The President Who Would Not Be King

Author : Michael W. McConnell
Publisher : Princeton University Press
ISBN 13 : 069121199X
Total Pages : 440 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The President Who Would Not Be King by : Michael W. McConnell

Download or read book The President Who Would Not Be King written by Michael W. McConnell and published by Princeton University Press. This book was released on 2020-11-10 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

Ideology in the Supreme Court

Author : Lawrence Baum
Publisher : Princeton University Press
ISBN 13 : 0691175527
Total Pages : 283 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Ideology in the Supreme Court by : Lawrence Baum

Download or read book Ideology in the Supreme Court written by Lawrence Baum and published by Princeton University Press. This book was released on 2017-05-16 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties. The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government "takings" of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role. Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.

Reference Manual on Scientific Evidence

Author :
Publisher :
ISBN 13 :
Total Pages : 652 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Reference Manual on Scientific Evidence by :

Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:

War Powers

Author : Mariah Zeisberg
Publisher : Princeton University Press
ISBN 13 : 1400846773
Total Pages : 287 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis War Powers by : Mariah Zeisberg

Download or read book War Powers written by Mariah Zeisberg and published by Princeton University Press. This book was released on 2013-07-21 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Armed interventions in Libya, Haiti, Iraq, Vietnam, and Korea challenged the US president and Congress with a core question of constitutional interpretation: does the president, or Congress, have constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But its structure and values indicate a vision of a well-functioning constitutional politics, one that enables the branches of government themselves to generate good answers to this question for the circumstances of their own times. Mariah Zeisberg shows that what matters is not that the branches enact the same constitutional settlement for all conditions, but instead how well they bring their distinctive governing capacities to bear on their interpretive work in context. Because the branches legitimately approach constitutional questions in different ways, interpretive conflicts between them can sometimes indicate a successful rather than deficient interpretive politics. Zeisberg argues for a set of distinctive constitutional standards for evaluating the branches and their relationship to one another, and she demonstrates how observers and officials can use those standards to evaluate the branches' constitutional politics. With cases ranging from the Mexican War and World War II to the Cold War, Cuban Missile Crisis, and Iran-Contra scandal, War Powers reinterprets central controversies of war powers scholarship and advances a new way of evaluating the constitutional behavior of officials outside of the judiciary.

States, Scarcity, and Civil Strife in the Developing World

Author : Colin H. Kahl
Publisher : Princeton University Press
ISBN 13 : 0691138354
Total Pages : 352 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis States, Scarcity, and Civil Strife in the Developing World by : Colin H. Kahl

Download or read book States, Scarcity, and Civil Strife in the Developing World written by Colin H. Kahl and published by Princeton University Press. This book was released on 2008-08-03 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past several decades, civil and ethnic wars have undermined prospects for economic and political development, destabilized entire regions of the globe, and left millions dead. States, Scarcity, and Civil Strife in the Developing World argues that demographic and environmental stress--the interactions among rapid population growth, environmental degradation, inequality, and emerging scarcities of vital natural resources--represents one important source of turmoil in today's world. Kahl contends that this type of stress places enormous strains on both societies and governments in poor countries, increasing their vulnerability to armed conflict. He identifies two pathways whereby this process unfolds: state failure and state exploitation. State failure conflicts occur when population growth, environmental degradation, and resource inequality weaken the capacity, legitimacy, and cohesion of governments, thereby expanding the opportunities and incentives for rebellion and intergroup violence. State exploitation conflicts, in contrast, occur when political leaders themselves capitalize on the opportunities arising from population pressures, natural resource scarcities, and related social grievances to instigate violence that serves their parochial interests. Drawing on a wide array of social science theory, this book argues that demographically and environmentally induced conflicts are most likely to occur in countries that are deeply split along ethnic, religious, regional, or class lines, and which have highly exclusive and discriminatory political systems. The empirical portion of the book evaluates the theoretical argument through in-depth case studies of civil strife in the Philippines, Kenya, and numerous other countries. The book concludes with an analysis of the challenges demographic and environmental change will pose to international security in the decades ahead.

International Law in the U.S. Supreme Court

Author : David L. Sloss
Publisher : Cambridge University Press
ISBN 13 : 1139497863
Total Pages : 655 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Law in the U.S. Supreme Court by : David L. Sloss

Download or read book International Law in the U.S. Supreme Court written by David L. Sloss and published by Cambridge University Press. This book was released on 2011-04-25 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role.

Handbook on Restorative Justice Programmes

Author : Yvon Dandurand
Publisher : United Nations Publications
ISBN 13 : 9789211337549
Total Pages : 0 pages
Book Rating : 4.3/5 (375 download)

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Book Synopsis Handbook on Restorative Justice Programmes by : Yvon Dandurand

Download or read book Handbook on Restorative Justice Programmes written by Yvon Dandurand and published by United Nations Publications. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community

By Executive Order

Author : Andrew Rudalevige
Publisher : Princeton University Press
ISBN 13 : 0691203717
Total Pages : 324 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis By Executive Order by : Andrew Rudalevige

Download or read book By Executive Order written by Andrew Rudalevige and published by Princeton University Press. This book was released on 2021-04-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the executive branch—not the president alone—formulates executive orders, and how this process constrains the chief executive's ability to act unilaterally The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. By Executive Order provides the first comprehensive look at how presidential directives are written—and by whom. In this eye-opening book, Andrew Rudalevige examines more than five hundred executive orders from the 1930s to today—as well as more than two hundred others negotiated but never issued—shedding vital new light on the multilateral process of drafting supposedly unilateral directives. He draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. Rudalevige explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, By Executive Order reveals how the executive branch holds the power to both enact and constrain the president’s will.

Regulating Jurisdictional Relations Between National and International Courts

Author : Yuval Shany
Publisher : OUP Oxford
ISBN 13 : 9780199563852
Total Pages : 0 pages
Book Rating : 4.5/5 (638 download)

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Book Synopsis Regulating Jurisdictional Relations Between National and International Courts by : Yuval Shany

Download or read book Regulating Jurisdictional Relations Between National and International Courts written by Yuval Shany and published by OUP Oxford. This book was released on 2009-02-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the problems of increased interaction between national and international courts: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? In particular, it advocates the use of judicial comity as a method for mitigating jurisdictional tensions between the courts.