Judicial Power and National Politics, Second Edition

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Publisher : State University of New York Press
ISBN 13 : 1438462085
Total Pages : 270 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis Judicial Power and National Politics, Second Edition by : Patricia J. Woods

Download or read book Judicial Power and National Politics, Second Edition written by Patricia J. Woods and published by State University of New York Press. This book was released on 2017-02-21 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judicial Power and National Politics, Second Edition, Patricia J. Woods returns to an issue that has only grown in relevance since the first edition's publication in 2008: the religious-secular conflict in Israel. The first edition focused on the role that courts and justices play in deeply charged political battles. In the last quarter of the twentieth century, social groups turned to the judicial arm of the state in an effort to force the state to change its laws and policies on religious personal status law, or family law. Through an extensive case study of the interactions of the women's movement with the High Court of Justice, Woods argues that the most important determining factor explaining when, why, and how national courts enter into the world of divisive politics is found in the intellectual or judicial communities with whom justices live, work, and think about the law. The interaction among members of this community over time culminates in new legal norms. This second edition takes into account what has happened in the past decade, with public debate over religion and the state moving away from the court and into the realm of popular politics—on the Knesset floor, in the media, in shopping malls, and on the streets. Included for the first time is the dataset for the author's national survey of women's movement volunteers.

Judicial Power

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Publisher : Cambridge University Press
ISBN 13 : 1316999084
Total Pages : 411 pages
Book Rating : 4.3/5 (169 download)

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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.

The Judicial Power of the Purse

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Publisher : University of Chicago Press
ISBN 13 : 0226771148
Total Pages : 212 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Judicial Power of the Purse by : Nancy Staudt

Download or read book The Judicial Power of the Purse written by Nancy Staudt and published by University of Chicago Press. This book was released on 2011-05 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

The Two Faces of Judicial Power

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Author :
Publisher : Springer Nature
ISBN 13 : 3030460169
Total Pages : 255 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis The Two Faces of Judicial Power by : Benjamin G. Engst

Download or read book The Two Faces of Judicial Power written by Benjamin G. Engst and published by Springer Nature. This book was released on 2021-04-17 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that constitutional courts exercise direct and indirect power on political branches through decision-making. The first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways. The second face leads political actors to anticipate judicial review and draft policies accordingly. The judicial–political interaction originating from both faces is herein formally modeled. A cross-European comparison of pre-conditions of judicial power shows that the German Federal Constitutional Court is a well-suited representative case for a quantitative assessment of judicial power. Multinomial logistic regressions show that the court uses directives when evasion of decisions is costly while accounting for the government’s ability to implement decisions. Causal analyses of the second face of judicial power show that bills exposed to legal signals are drafted accounting for the court. These findings re-shape our understanding of judicialization and shed light on a silent form of judicialization.

The Limits of Judicial Power

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Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis The Limits of Judicial Power by : William Lasser

Download or read book The Limits of Judicial Power written by William Lasser and published by . This book was released on 1988 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limits of Judicial Power: The Supreme Court in American Politics

American Government, Second Edition

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Publisher : University Press of Florida
ISBN 13 : 1616102195
Total Pages : 525 pages
Book Rating : 4.6/5 (161 download)

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Book Synopsis American Government, Second Edition by : Timothy O. Lenz

Download or read book American Government, Second Edition written by Timothy O. Lenz and published by University Press of Florida. This book was released on 2018-03-21 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting new book explores the role of government, politics, and policy in American lives. Full of real life applications and scenarios, this text encourages and enables political thinking. The second edition has been updated to include recent developments in U.S. politics and government. This includes the description and analysis of the 2016 elections as well as the early Trump administration. Chapters have expanded coverage of immigration policy, environmental policy, economic policy, and global affairs (including counterterrorism policy). The text also includes analysis of racial issues in contemporary American politics and law. It also addresses questions about the state of the economy, jobs, and wages. Hyperlinks and URLs provide "deeper dives" into various topics and examples of comparative politics.

Judicial Power and Reconstruction Politics

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Publisher :
ISBN 13 :
Total Pages : 178 pages
Book Rating : 4.:/5 (68 download)

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Book Synopsis Judicial Power and Reconstruction Politics by : Stanley I. Kutler

Download or read book Judicial Power and Reconstruction Politics written by Stanley I. Kutler and published by . This book was released on 1968 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Packing the Court

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Publisher :
ISBN 13 : 9781410419729
Total Pages : 0 pages
Book Rating : 4.4/5 (197 download)

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Book Synopsis Packing the Court by : James MacGregor Burns

Download or read book Packing the Court written by James MacGregor Burns and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, James MacGregor Burns has been one of the great masters of the study of power and leadership in America. Now he turns his eye to an institution of government that he believes has become more powerful, and more partisan, than the founding fathers ever intended. Much as we would like to believe that the Court remains aloof from ideological politics, Packing the Court reveals how often justices behave like politicians in robes.

Judicial Review and the National Political Process

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Publisher : Quid Pro Books
ISBN 13 : 1610271718
Total Pages : 441 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Judicial Review and the National Political Process by : Jesse H. Choper

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.

The Struggle for Judicial Supremacy

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Author :
Publisher : New York : A.A. Knopf
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis The Struggle for Judicial Supremacy by : Robert H. Jackson

Download or read book The Struggle for Judicial Supremacy written by Robert H. Jackson and published by New York : A.A. Knopf. This book was released on 1941 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert H. Jackson, published this book while serving as Attorney General of the United States. In it, Jackson traces the rise and fall of the influence of the Supreme Court of the United States, of its changes in make-up, in numbers, of its reversal of itself, of the dangers of judicial supremacy, when it closed its eyes to ""peaceful and democratic conciliation of our social and economic conflicts"". He then examines the response--President Franklin Roosevelt's 1937 effort to resist judicial expansionism through "Court-packing" legislation.

The Federalist Papers

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Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The European Court's Political Power

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Publisher : OUP Oxford
ISBN 13 : 0191615692
Total Pages : 364 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The European Court's Political Power by : Karen Alter

Download or read book The European Court's Political Power written by Karen Alter and published by OUP Oxford. This book was released on 2010-06-17 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development and current concerns. Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, with the critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains that the differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives. Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.

Advice and Consent

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Publisher : Oxford University Press
ISBN 13 : 0195345835
Total Pages : 193 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Advice and Consent by : Lee Epstein

Download or read book Advice and Consent written by Lee Epstein and published by Oxford University Press. This book was released on 2005-09-15 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.

The Oxford Handbook of Law and Politics

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Publisher : OUP Oxford
ISBN 13 : 0191615064
Total Pages : 832 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Law and Politics by : Keith E. Whittington

Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by OUP Oxford. This book was released on 2010-06-10 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Government by Judiciary

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Publisher : Studies in Jurisprudence and L
ISBN 13 : 9780865971448
Total Pages : 0 pages
Book Rating : 4.9/5 (714 download)

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Book Synopsis Government by Judiciary by : Raoul Berger

Download or read book Government by Judiciary written by Raoul Berger and published by Studies in Jurisprudence and L. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Political Foundations of Judicial Supremacy

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Publisher : Princeton University Press
ISBN 13 : 1400827752
Total Pages : 320 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Political Foundations of Judicial Supremacy by : Keith E. Whittington

Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2009-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.