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Democratization And The Judiciary
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Book Synopsis Democratization and the Judiciary by : Siri Gloppen
Download or read book Democratization and the Judiciary written by Siri Gloppen and published by Psychology Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.
Book Synopsis Democratization and the Judiciary by : Roberto Gargarella
Download or read book Democratization and the Judiciary written by Roberto Gargarella and published by Routledge. This book was released on 2004-03-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.
Book Synopsis Democratization and the Judiciary by : Roberto Gargarella
Download or read book Democratization and the Judiciary written by Roberto Gargarella and published by Routledge. This book was released on 2004-03 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.
Book Synopsis Judicial Power by : Christine Landfried
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.
Book Synopsis Judges and Democratization by : B. C. Smith
Download or read book Judges and Democratization written by B. C. Smith and published by Taylor & Francis. This book was released on 2017-02-24 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judiciaries must be politically impartial and immune from political interference if democracy is to be consolidated in countries in transition from authoritarian rule. Without an independent judiciary there can be no rule of law, and without the rule of law there can be no democracy. Judges and Democratization is based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence, and the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. It examines the paradox of judicial activism arising from the independence endowed upon the judiciary by post-authoritarian constitutions. The book asks how, in the context of this endowed authority, such accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This text will be of key interest to teachers and students of politics, comparative government/politics, combined politics and law, democracy and governance, human rights and democratization, and democratic development.
Book Synopsis The Judge in a Democracy by : Aharon Barak
Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2009-01-10 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Download or read book The Alchemists written by Tom Gerald Daly and published by Cambridge University Press. This book was released on 2017-11-02 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a searching critique of excessive reliance on courts as 'democracy-builders' in states emerging from authoritarian rule.
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 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.
Book Synopsis Can Courts be Bulwarks of Democracy? by : Jeffrey K. Staton
Download or read book Can Courts be Bulwarks of Democracy? written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Book Synopsis The Supreme Court and Constitutional Democracy by : John Agresto
Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Book Synopsis Education, Justice & Democracy by : Danielle Allen
Download or read book Education, Justice & Democracy written by Danielle Allen and published by University of Chicago Press. This book was released on 2013-03-04 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Education is a contested topic, and not just politically. For years scholars have approached it from two different points of view: one empirical, focused on explanations for student and school success and failure, and the other philosophical, focused on education’s value and purpose within the larger society. Rarely have these separate approaches been brought into the same conversation. Education, Justice, and Democracy does just that, offering an intensive discussion by highly respected scholars across empirical and philosophical disciplines. The contributors explore how the institutions and practices of education can support democracy, by creating the conditions for equal citizenship and egalitarian empowerment, and how they can advance justice, by securing social mobility and cultivating the talents and interests of every individual. Then the authors evaluate constraints on achieving the goals of democracy and justice in the educational arena and identify strategies that we can employ to work through or around those constraints. More than a thorough compendium on a timely and contested topic, Education, Justice, and Democracy exhibits an entirely new, more deeply composed way of thinking about education as a whole and its importance to a good society.
Book Synopsis Three Generations of European Constitutional Courts in Transition to Democracy by : Francesco Biagi
Download or read book Three Generations of European Constitutional Courts in Transition to Democracy written by Francesco Biagi and published by Cambridge University Press. This book was released on 2020-01-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
Book Synopsis Judicial Review in New Democracies by : Tom Ginsburg
Download or read book Judicial Review in New Democracies written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2003-07-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Book Synopsis Deliberative Democracy and the Institutions of Judicial Review by : Christopher F. Zurn
Download or read book Deliberative Democracy and the Institutions of Judicial Review written by Christopher F. Zurn and published by Cambridge University Press. This book was released on 2007-03-26 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts but also legislative and executive self-review that would enable interbranch constitutional dialogue and constitutional amendment through deliberative civic constitutional forums. Drawing on sustained critical analyses of diverse pluralist and deliberative democratic arguments concerning the legitimacy of judicial review, Zurn concludes that constitutional review is necessary to ensure the procedural requirements for legitimate democratic self-rule through deliberative cooperation. Claiming that pure normative theory is not sufficient to settle issues of institutional design, Zurn draws on empirical and comparative research to propose reformed institutions of constitutional review that encourage the development of fundamental law as an ongoing project of democratic deliberation and decision.
Book Synopsis Democracy and Distrust by : John Hart Ely
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.
Book Synopsis The Judicial Branch by : Kermit L. Hall
Download or read book The Judicial Branch written by Kermit L. Hall and published by Oxford University Press. This book was released on 2005-10-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.
Book Synopsis Judicial Reform in Taiwan by : Neil Chisholm
Download or read book Judicial Reform in Taiwan written by Neil Chisholm and published by Routledge. This book was released on 2019-11-04 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.
