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The Legitimacy Of Highest Courts Rulings
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Book Synopsis The Legitimacy of Highest Courts’ Rulings by : Nick Huls
Download or read book The Legitimacy of Highest Courts’ Rulings written by Nick Huls and published by T.M.C. Asser Press. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy (Oxford 2004), the American-French scholar Mitchel Lasser has, among other things, tried to re-establish the strengths of the French cassation system. Using Lasser's approach and ideas as a starting point, in this book judges from the French, Belgian and Dutch Cassation Courts reflect on the challenges that their Courts are facing. The book also contains a series of contributions from scholars analyzing the wide range of factors that determine the legitimacy of these courts’ decisions. Specific attention is given to the Strasbourg Court of Human Rights that has been so important for the moral legitimacy of the European legal order, and to courts in post-communist systems, which face many similar challenges and are even under greater pressure to modernize. The book is a multidisciplinary contribution to the international debate about the legitimacy of the highest courts’ rulings as well as the concept of judicial leadership and offers a new perspective in the USA versus Europe debate. It is recommended reading for academics, judges, policymakers, political scientists and students. Nick Huls is a Professor of socio-legal studies at the Faculty of Law of the Erasmus University Rotterdam and Leiden University’s Faculty of Law, The Netherlands. Maurice Adams is a Professor of law at Tilburg University, The Netherlands, and part-time Professor of comparative law at Antwerp University in Belgium. JaccoBomhoff is a Lecturer in law at the Law Department of the London School of Economics in the UK.
Book Synopsis The Legitimacy of Highest Courts’ Rulings by : Nick Huls
Download or read book The Legitimacy of Highest Courts’ Rulings written by Nick Huls and published by T.M.C. Asser Press. This book was released on 2009-02-12 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy (2004), the American-French scholar Mitchel Lasser has, among other things, tried to re-establish the strengths of the French cassation system. Using Lasser's approach and ideas as a starting point for this book, judges from the French, Belgian and Dutch Cassation Courts reflect on the challenges that their Courts are facing. Specific attention is also given to the Strasbourg Court on Human Rights, that has been so important for the moral legitimacy of the European legal order, and to courts in post-communist systems, which face many similar challenges and are under even greater pressure to modernise. The book is a multidisciplinary contribution to the international debate about the legitimacy of highest courts' rulings, the concept of judicial leadership, and offers a new perspective in the USA-versus-Europe debate.
Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Book Synopsis The Limits of Legitimacy by : Michael Zilis
Download or read book The Limits of Legitimacy written by Michael Zilis and published by University of Michigan Press. This book was released on 2015-09-22 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the U.S. Supreme Court announces a decision, reporters simplify and dramatize the complex legal issues by highlighting dissenting opinions and thus emphasizing conflict among the justices themselves. This often sensationalistic coverage fosters public controversy over specific rulings despite polls which show that Americans strongly believe in the Court’s legitimacy as an institution. In The Limits of Legitimacy, Michael A. Zilis illuminates this link between case law and public opinion. Drawing on a diverse array of sources and methods, he employs case studies of eminent domain decisions, analysis of media reporting, an experiment to test how volunteers respond to media messages, and finally the natural experiment of the controversy over the Affordable Care Act, popularly known as Obamacare. Zilis finds that the media tends not to quote from majority opinions. However, the greater the division over a particular ruling among the justices themselves, the greater the likelihood that the media will criticize that ruling, characterize it as "activist," and employ inflammatory rhetoric. Hethen demonstrates that the media’s portrayal of a decision, as much as the substance of the decision itself, influences citizens’ reactions to and acceptance of it. This meticulously constructed study and its persuasively argued conclusion advance the understanding of the media, judicial politics, political institutions, and political behavior.
Book Synopsis Legitimacy and International Courts by : Nienke Grossman
Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Book Synopsis Legacy and Legitimacy by : Rosalee A. Clawson
Download or read book Legacy and Legitimacy written by Rosalee A. Clawson and published by Temple University Press. This book was released on 2009 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoroughly grounded in the latest scholarly literature, theoretical sources, and experimental results, Legacy and Legitimacy substantially advances understanding of Black Americans’ attitudes toward the Supreme Court, the Court’s ability to influence Blacks’ opinions about the legitimacy of public institutions and policies, and the role of media in shaping Blacks’ judgments. Drawing on legitimacy theory—which explains the acceptance of or tolerance for controversial policies—the authors begin by reexamining the significance of “diffuse support” in establishing legitimacy. They provide a useful overview of the literature on legitimacy and a concise history of the special relationship between Blacks and the Court. They investigate the influences of group attitudes and media “framing.” And they employ data from large-scale surveys to show that Blacks with greater levels of diffuse support for the Court are more likely to adopt positions consistent with Court rulings. With its broad scope and inclusion of new experimental findings, Legacy and Legitimacy will interest students and scholars of judicial politics, racial politics, media and politics, black studies and public opinion.
Book Synopsis These Estimable Courts by : Damon M. Cann
Download or read book These Estimable Courts written by Damon M. Cann and published by Oxford University Press. This book was released on 2016-01-19 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: In These Estimable Courts, Damon M. Cann and Jeff Yates explore how citizens feel about the government institutions at the front lines of jurisprudential policy-making in America - our nation's state and local courts. The book's central focus concerns a primary question of governance: why do people support and find legitimate the institutions that govern their lives? Cann and Yates evaluate the factors that drive citizens' support for their state and local courts and that influence peoples' perceptions of the proper role of these courts in our society, as well as how judicial policy-making should be made. A viable democracy depends upon citizen belief in the legitimacy of government institutions. Nowhere is this more evident than in judicial institutions. Courts depend heavily on a reservoir of public good will and institutional legitimacy to get their decrees obeyed by the public and implemented by other policy actors. It enables courts to weather the storm of counter-majoritarian decisions and remain effective governing bodies whose edicts are respected and followed. These Estimable Courts takes advantage of new original survey data to evaluate citizens' beliefs about the legitimacy of state courts as well as a number of important related concerns. These include peoples' views concerning how judges decide cases, the role of judges and courts in policy-making, the manner in which we select judges, and finally, the dynamics of citizens' views regarding compliance with the law and legal institutions.
Book Synopsis Judicial Deliberations by : Mitchel de S.-O.-L'E. Lasser
Download or read book Judicial Deliberations written by Mitchel de S.-O.-L'E. Lasser and published by . This book was released on 2009 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy. Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice. Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The ECJ hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the ECJ reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the ECJ towards generating legitimacy by adopting a somewhat more transparent argumentative approach.
Book Synopsis The Rights Paradox by : Michael A. Zilis
Download or read book The Rights Paradox written by Michael A. Zilis and published by Cambridge University Press. This book was released on 2021-04-15 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens to the legitimacy of the Supreme Court when it protects 'equal justice under law'?
Book Synopsis Electing Judges by : James L. Gibson
Download or read book Electing Judges written by James L. Gibson and published by University of Chicago Press. This book was released on 2012-09-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revealing and provocative study of the effects of judicial elections on state courts and public perceptions of impartiality. In Electing Judges, leading judicial politics scholar James L. Gibson responds to the growing concern that the realities of campaigning are undermining judicial independence and even the rule of law. Armed with empirical evidence, Gibson offers the most systematic and comprehensive study to date of the impact of judicial elections on public perceptions of fairness, impartiality, and the legitimacy of state courts—and his findings are both counterintuitive and controversial. Gibson finds that ordinary Americans do not conclude from campaign promises that judges are incapable of making impartial decisions. Instead, he shows, they understand the process of deciding cases to be an exercise in policy making, rather than of simply applying laws to individual cases—and consequently think it’s important for candidates to reveal where they stand on important issues. Negative advertising also turns out to have a limited effect on perceptions of judicial legitimacy, though certain kinds of campaign contributions can create the appearance of improper bias. Taking both the good and bad into consideration, Gibson argues persuasively that elections are ultimately beneficial in boosting the institutional legitimacy of courts, despite the slight negative effects of some campaign activities
Book Synopsis The Authority of the Court and the Peril of Politics by : Stephen Breyer
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Download or read book Supreme Disorder written by Ilya Shapiro and published by Simon and Schuster. This book was released on 2020-09-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.
Book Synopsis Citizens, Courts, and Confirmations by : James L. Gibson
Download or read book Citizens, Courts, and Confirmations written by James L. Gibson and published by Princeton University Press. This book was released on 2009-06-15 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the American public has witnessed several hard-fought battles over nominees to the U.S. Supreme Court. In these heated confirmation fights, candidates' legal and political philosophies have been subject to intense scrutiny and debate. Citizens, Courts, and Confirmations examines one such fight--over the nomination of Samuel Alito--to discover how and why people formed opinions about the nominee, and to determine how the confirmation process shaped perceptions of the Supreme Court's legitimacy. Drawing on a nationally representative survey, James Gibson and Gregory Caldeira use the Alito confirmation fight as a window into public attitudes about the nation's highest court. They find that Americans know far more about the Supreme Court than many realize, that the Court enjoys a great deal of legitimacy among the American people, that attitudes toward the Court as an institution generally do not suffer from partisan or ideological polarization, and that public knowledge enhances the legitimacy accorded the Court. Yet the authors demonstrate that partisan and ideological infighting that treats the Court as just another political institution undermines the considerable public support the institution currently enjoys, and that politicized confirmation battles pose a grave threat to the basic legitimacy of the Supreme Court.
Book Synopsis Judicial Politics in Mexico by : Andrea Castagnola
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 190 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 :Robert Howse Publisher :Studies on International Courts and Tribunals ISBN 13 :1108424473 Total Pages :547 pages Book Rating :4.1/5 (84 download)
Book Synopsis The Legitimacy of International Trade Courts and Tribunals by : Robert Howse
Download or read book The Legitimacy of International Trade Courts and Tribunals written by Robert Howse and published by Studies on International Courts and Tribunals. This book was released on 2018-04-12 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2 Procedural Rules and Issues
Book Synopsis The Hollow Hope by : Gerald N. Rosenberg
Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Book Synopsis Asian Courts in Context by : Jiunn-rong Yeh
Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2014-12-11 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
