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Author : Mary Ann Flannery
Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.:/5 (379 download)
Download or read book The New Judicial Review is Different Than the Old Judicial Review written by Mary Ann Flannery and published by . This book was released on 1956 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Edward Samuel Corwin
Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.A/5 ( download)
Download or read book The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays written by Edward Samuel Corwin and published by . This book was released on 1914 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tara Smith
Publisher : Cambridge University Press
ISBN 13 : 1107114497
Total Pages : 303 pages
Book Rating : 4.1/5 (71 download)
Download or read book Judicial Review in an Objective Legal System written by Tara Smith and published by Cambridge University Press. This book was released on 2015-07-30 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
Author : Sylvia Snowiss
Publisher : Yale University Press
ISBN 13 : 9780300046656
Total Pages : 252 pages
Book Rating : 4.0/5 (466 download)
Download or read book Judicial Review and the Law of the Constitution written by Sylvia Snowiss and published by Yale University Press. This book was released on 1990-01-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
Author : Christopher Wolfe
Publisher : Rowman & Littlefield
ISBN 13 : 9780822630265
Total Pages : 472 pages
Book Rating : 4.6/5 (32 download)
Download or read book The Rise of Modern Judicial Review written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1994 with total page 472 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.
Author : Charles Lund Black
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.F/5 ( download)
Download or read book Old and New Ways in Judicial Review written by Charles Lund Black and published by . This book was released on 1958 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1316999084
Total Pages : 411 pages
Book Rating : 4.3/5 (169 download)
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
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 : John Hart Ely
Publisher : Harvard University Press
ISBN 13 : 0674263294
Total Pages : 281 pages
Book Rating : 4.6/5 (742 download)
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author : Philip Hamburger
Publisher : Harvard University Press
ISBN 13 : 9780674031319
Total Pages : 712 pages
Book Rating : 4.0/5 (313 download)
Download or read book Law and Judicial Duty written by Philip Hamburger and published by Harvard University Press. This book was released on 2008-11 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hamburger traces the early history of what is today called “judicial review.” The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.
Author : W. J. Waluchow
Publisher : Cambridge University Press
ISBN 13 : 1139462814
Total Pages : 7 pages
Book Rating : 4.1/5 (394 download)
Download or read book A Common Law Theory of Judicial Review written by W. J. Waluchow and published by Cambridge University Press. This book was released on 2006-12-25 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Author : Kermit L. Hall
Publisher : Routledge
ISBN 13 : 1135691533
Total Pages : 506 pages
Book Rating : 4.1/5 (356 download)
Download or read book Judicial Review and Judicial Power in the Supreme Court written by Kermit L. Hall and published by Routledge. This book was released on 2014-07-22 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Author : Jesse H. Choper
Publisher : Quid Pro Books
ISBN 13 : 1610271718
Total Pages : 441 pages
Book Rating : 4.6/5 (12 download)
Download or read book Judicial Review and the National Political Process written by Jesse H. Choper and published by Quid Pro Books. This book was released on 2013-05-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Author : Jonathan Auburn
Publisher : OUP Oxford
ISBN 13 : 019166572X
Total Pages : 8561 pages
Book Rating : 4.1/5 (916 download)
Download or read book Judicial Review written by Jonathan Auburn and published by OUP Oxford. This book was released on 2013-03-21 with total page 8561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review. Written by three experienced practitioners, Judicial Review: Principles and Procedure includes chapters on the most common grounds for bringing a claim, such as procedural fairness and irrationality, but also covers emerging grounds such as delay on the part of public bodies and error of fact. In addition, the authors provide a separate, detailed treatment of areas such as administrative policies and the public sector equality duty. Each element of this complex area of law is carefully broken down to ensure that answers are always easy to find and, where the law is in doubt, the dispute is concisely stated and the view most likely to be preferred by the courts is expressed. The book analyses in detail the issues that are likely to arise in practice, with thorough and up-to-date reference to case law throughout. It incorporates the jurisprudence arising out of the Human Rights Act 1998, providing practitioners with a complete yet practical treatment of each relevant topic. The book contains comprehensive coverage of procedural matters in each stage of a claim, from pre-action to costs, and includes a chapter on European Union law from Marie Demetriou QC of Brick Court Chambers, providing a uniquely full treatment of all the issues which might be encountered in practice.
Author : C Neal Tate
Publisher : NYU Press
ISBN 13 : 0814770061
Total Pages : 482 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 1997-06-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
Author : Christopher Forsyth
Publisher : Hart Publishing
ISBN 13 : 1841131059
Total Pages : 480 pages
Book Rating : 4.8/5 (411 download)
Download or read book Judicial Review and the Constitution written by Christopher Forsyth and published by Hart Publishing. This book was released on 2000-08-04 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains papers and comments from the conference on the Foundations of Judicial Review, held in Cambridge, England, May 22, 1999, and some previously published papers.
Author : Charles R. Shipan
Publisher : University of Michigan Press
ISBN 13 : 9780472087037
Total Pages : 192 pages
Book Rating : 4.0/5 (87 download)
Download or read book Designing Judicial Review written by Charles R. Shipan and published by University of Michigan Press. This book was released on 2000 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why interest groups and members of Congress fight over the procedural details in legislation
