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| Author | : Charles R. Epp |
| Publisher | : |
| Total Pages | : 526 |
| Release | : 1995 |
| Genre | : |
| ISBN | : |
| Author | : Charles R. Epp |
| Publisher | : University of Chicago Press |
| Total Pages | : 343 |
| Release | : 2020-05-14 |
| Genre | : Law |
| ISBN | : 022677242X |
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
| Author | : Wojciech Sadurski |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 472 |
| Release | : 2002-12-31 |
| Genre | : Philosophy |
| ISBN | : 9789041118837 |
How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.
| Author | : Diana Kapiszewski |
| Publisher | : Cambridge University Press |
| Total Pages | : 453 |
| Release | : 2013-04-08 |
| Genre | : Law |
| ISBN | : 1107067537 |
In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.
| Author | : Ralf Rogowski |
| Publisher | : Berghahn Books |
| Total Pages | : 316 |
| Release | : 2016-08-01 |
| Genre | : Law |
| ISBN | : 1785330969 |
Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.
| Author | : Mark Tushnet |
| Publisher | : Princeton University Press |
| Total Pages | : 288 |
| Release | : 2009-07-20 |
| Genre | : Political Science |
| ISBN | : 1400828155 |
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
| Author | : Francesco Biagi |
| Publisher | : BRILL |
| Total Pages | : 392 |
| Release | : 2022-12-05 |
| Genre | : Political Science |
| ISBN | : 9004523731 |
Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in constitutional adjudication.
| Author | : S. Kenney |
| Publisher | : Springer |
| Total Pages | : 274 |
| Release | : 1999-01-28 |
| Genre | : Political Science |
| ISBN | : 0333982517 |
From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognised as political institutions that are important players in political systems. In addition, transnational courts such as the European Court of Justice and European Court of Human Rights are extending their reach and affecting more than ever the politics of member states. The book contains essays written by scholars of law and political science exploring in interdisciplinary fashion the relationship between law and politics in cross-national perspective, focusing principally on contemporary Europe.
| Author | : Cheng-Yi Huang |
| Publisher | : Taylor & Francis |
| Total Pages | : 263 |
| Release | : 2022-11-11 |
| Genre | : Law |
| ISBN | : 042999883X |
This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.
| Author | : Andrew Harding |
| Publisher | : JCL Studies in Comparative Law |
| Total Pages | : 385 |
| Release | : 2009 |
| Genre | : Comparative law |
| ISBN | : 9780854900633 |
Constitutional courts: forms, functions and practice in comparative perspective Andrew Harding, Peter Leyland and Tania Groppi -- Austria: the constitutional court of Austria: modern profiles of an archetype of constitutional review Anna Gamber and Francesco Palermo -- Central and Eastern Europe: constitutional courts of Central and Eastern Europe: between adolescence and maturity Kasia Lach and Wojchiech Sadurski -- France: The French Conseil constitutionnel: an evolving form of constitutional justice Marie Claire Ponthoreau and Fabrice Hourquebie -- Germany: Das Bundsverfassungsgericht: procedure, practice and policy of the German federal constitutional court Donald P Kommers and Russel A Miller -- Italy: the Italian constitutional court: towards a 'multilevel system' of constitutional review Tania Groppi -- Russia: the constitutional court of the Russian Federation: the establishment and evolution of constitutional supervision in Russia Jane Henderson -- Spain: the Spanish constitutional court: time for reforms Victor Ferreres Comella -- Turkey: the constitutional court of Turkey: the Anayasa Mahkemesi as the protector of the system Esin Örücü -- Egypt: Egypt's supreme constitutional court: managing constitutional conflict in an authoritarian aspirationally 'Islamic' state Clark B Lombardi -- Francophone Africa: models of constitutional jurisdiction in francophone West Africa Babacar Kanté -- South Africa: South Africa's constitutional court: enabling democracy and promoting law in the transition from Apartheid Heinz Klug -- East Asia: constitutional courts in East Asia: understanding variation Tom Ginsburg -- Indonesia and Thailand: the constitutional courts of Thailand and Indonesia: two case studies from South East Asia Andrew Harding and Peter Leyland -- Constitutional courts in Latin America: a testing ground for new parame++
