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Judicial Activism A Way To Overcome It
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Book Synopsis The Myth of Judicial Activism by : Kermit Roosevelt
Download or read book The Myth of Judicial Activism written by Kermit Roosevelt and published by Yale University Press. This book was released on 2008-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Book Synopsis Judicial Activism: A Way to Overcome it by : Duane L. Ostler
Download or read book Judicial Activism: A Way to Overcome it written by Duane L. Ostler and published by Duane L Ostler. This book was released on 2015-12-01 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial activism in the U.S. occurs when a few Supreme Court judges decide public policy issues, which normally deal with rights. However, it would be better for the people to decide such issues through their elected representatives. This book proposes a way to remove judicial activism, by returning to an original view of the founding fathers that preferred legislative oversight of rights issues.
Book Synopsis Judicial Activism at the European Court of Justice by : Bruno de Witte
Download or read book Judicial Activism at the European Court of Justice written by Bruno de Witte and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
Book Synopsis Radical Deprivation on Trial by : César Rodríguez-Garavito
Download or read book Radical Deprivation on Trial written by César Rodríguez-Garavito and published by Cambridge University Press. This book was released on 2015-10-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Book Synopsis Judicial Activism by : Christopher Wolfe
Download or read book Judicial Activism written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1997 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
Book Synopsis The Tea Party by : Elizabeth Price Foley
Download or read book The Tea Party written by Elizabeth Price Foley and published by Cambridge University Press. This book was released on 2012-02-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Tea Party: Three Principles, constitutional law professor Elizabeth Price Foley takes on the mainstream media's characterization of the American Tea Party movement, asserting that it has been distorted in a way that prevents meaningful political dialogue and may even be dangerous for America's future. Foley sees the Tea Party as a movement of principles over politics. She identifies three 'core principles' of American constitutional law that bind the decentralized, wide-ranging movement: limited government, unapologetic US sovereignty and constitutional originalism. These three principles, Foley explains, both define the Tea Party movement and predict its effect on the American political landscape. Foley explains the three principles' significance to the American founding and constitutional structure. She then connects the principles to current issues such as health care reform, illegal immigration, the war on terror, and internationalism.
Book Synopsis Democracy and Equality by : Geoffrey R. Stone
Download or read book Democracy and Equality written by Geoffrey R. Stone and published by . This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brown v. Board of Education (1954) -- Mapp v. Ohio (1961) -- Engel v. Vitale (1962) -- Gideon v. Wainwright (1963) -- New York Times v. Sullivan (1964) -- Reynolds v. Sims (1964) -- Griswold v. Connecticut (1965) -- Miranda v. Arizona (1966) -- Loving v. Virginia (1967) -- Katz v. United States (1967) -- Shapiro v. Thompson (1968) -- Brandenburg v. Ohio (1969).
Book Synopsis Emergent Strategy by : adrienne maree brown
Download or read book Emergent Strategy written by adrienne maree brown and published by AK Press. This book was released on 2017-03-20 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the tradition of Octavia Butler, here is radical self-help, society-help, and planet-help to shape the futures we want. Change is constant. The world, our bodies, and our minds are in a constant state of flux. They are a stream of ever-mutating, emergent patterns. Rather than steel ourselves against such change, Emergent Strategy teaches us to map and assess the swirling structures and to read them as they happen, all the better to shape that which ultimately shapes us, personally and politically. A resolutely materialist spirituality based equally on science and science fiction: a wild feminist and afro-futurist ride! adrienne maree brown, co-editor of Octavia’s Brood: Science Fiction from Social Justice Movements, is a social justice facilitator, healer, and doula living in Detroit.
Book Synopsis Measuring Judicial Activism by : Stefanie Lindqquist
Download or read book Measuring Judicial Activism written by Stefanie Lindqquist and published by Oxford University Press. This book was released on 2009-04-23 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Book Synopsis Justice on the Brink by : Linda Greenhouse
Download or read book Justice on the Brink written by Linda Greenhouse and published by Random House. This book was released on 2021-11-09 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us.
Book Synopsis Judicial Activism in India by : Satyaranjan Purushottam Sathe
Download or read book Judicial Activism in India written by Satyaranjan Purushottam Sathe and published by Oxford University Press, USA. This book was released on 2002 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book Is An Examination Of Judicial Review And Its Role In Democracy, With Special Reference To India.
Book Synopsis Judicial Activism in Bangladesh by : Ridwanul Hoque
Download or read book Judicial Activism in Bangladesh written by Ridwanul Hoque and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
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.
Book Synopsis Encyclopedia of Activism and Social Justice by : Gary L. Anderson
Download or read book Encyclopedia of Activism and Social Justice written by Gary L. Anderson and published by SAGE Publications. This book was released on 2007-04-13 with total page 1833 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an important historical period in which to develop communication models aimed at creating opportunities for citizens to find a voice for new experiences and social concerns. Such basic social problems as inequality, poverty, and discrimination pose a constant challenge to policies that serve the health and income needs of children, families, people with disabilities, and the elderly. Important changes both in individual values and civic life are occurring in the United States and in many other nations. Recent trends such as the globalization of commerce and consumer values, the speed and personalization of communication technologies, and an economic realignment of industrial and information-based economies are often regarded as negative. Yet there are many signs - from the WTO experience in Seattle to the rise of global activism aimed at making biotechnology accountable - that new forms of citizenship, politics, and public engagement are emerging. The Encyclopedia of Activism and Social Justice presents a comprehensive overview of the field with topics of varying dimensions, breadth, and length. This three-volume Encyclopedia is designed for readers to understand the topics, concepts, and ideas that motivate and shape the fields of activism, civil engagement, and social justice and includes biographies of the major thinkers and leaders who have influenced and continue to influence the study of activism. Key Features Offers multidisciplinary perspectives with contributions from the fields of education, communication studies, political science, leadership studies, social work, social welfare, environmental studies, health care, social psychology, and sociology Provides an easily recognizable approach to topics, ideas, persons, and concepts based on alphabetical and biographical listings in civil engagement, social justice, and activism Addresses both small-scale social justice concepts and more large-scale issues Includes biography pieces indicating the concepts, ideas, or legacies of individuals and groups who have influenced current practice and thinking such as John Stuart Mill, Rachel Carson, Mother Jones, Martin Luther King, Jr., Karl Marx, Mohandas Gandhi, Nelson and Winnie Mandela, Dorothy Day, and Thomas Merton
Book Synopsis Supreme Court Activism and Restraint by : Stephen C. Halpern
Download or read book Supreme Court Activism and Restraint written by Stephen C. Halpern and published by Free Press. This book was released on 1982 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making Law written by Peter H. Irons and published by . This book was released on 1991-09-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Scalia v. Epstein by : Antonin Scalia
Download or read book Scalia v. Epstein written by Antonin Scalia and published by Cato Institute. This book was released on 1985-01-01 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the appointment of William H. Rehnquist as Chief Justice of the United States and Antonin Scalia as associate justice, there is renewed interest in questions of judicial activism and the role of the courts in protecting personal and economic liberties. To further public discussion of these fundamental questions, the Cato Institute is pleased to present this debate between Judge Scalia and Richard A.Epstein, James Parker Hall Professor of Law at the University of Chicago and editor of the Journal of Legal Studies. These papers were originally delivered at the Cato Institute's conference "Economic Liberties and the Judiciary" on October 26,1984, and appeared in the Winter 1985 issue of the Cato Journal.
