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Constitutional Law and Politics

Constitutional Law and Politics
Author: David M. O'Brien
Publisher: W. W. Norton
Total Pages: 1565
Release: 1995
Genre: Civil rights
ISBN: 9780393969009

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Constitutional Law and Politics: Struggles for power and governmental accountability

Constitutional Law and Politics: Struggles for power and governmental accountability
Author: David M. O'Brien
Publisher: W. W. Norton
Total Pages: 1182
Release: 2008
Genre: Law
ISBN:

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Now in its Seventh Edition, Constitutional Law and Politics remains the authoritative casebook for the study of Supreme Court decisions in political science courses.


Law and Politics of Constitutional Courts

Law and Politics of Constitutional Courts
Author: Stefanus Hendrianto
Publisher: Routledge
Total Pages: 359
Release: 2018-04-17
Genre: Law
ISBN: 135158491X

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This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.


Constitutional Law and Politics

Constitutional Law and Politics
Author: David M. O'Brien
Publisher:
Total Pages:
Release: 1999-12-01
Genre: Law
ISBN: 9780393983487

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The Oxford Handbook of Law and Politics

The Oxford Handbook of Law and Politics
Author: Keith E. Whittington
Publisher: OUP Oxford
Total Pages: 828
Release: 2010-06-11
Genre: Political Science
ISBN: 0191616281

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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.


The Political Dimension of Constitutional Law

The Political Dimension of Constitutional Law
Author: Miguel Nogueira de Brito
Publisher: Springer Nature
Total Pages: 185
Release: 2020-03-21
Genre: Law
ISBN: 3030384594

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This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.


Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law
Author: Martin Belov
Publisher: Routledge
Total Pages: 201
Release: 2019-10-16
Genre: Law
ISBN: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.


Constitutional Law and Politics

Constitutional Law and Politics
Author: DAVID M. O'BRIEN
Publisher: W. W. Norton
Total Pages: 0
Release: 2023-03
Genre:
ISBN: 9780393893519

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A contemporary, comprehensive look at the Supreme Court cases that have shaped our nation.


Originalism in American Law and Politics

Originalism in American Law and Politics
Author: Johnathan O'Neill
Publisher: JHU Press
Total Pages: 308
Release: 2005-07-12
Genre: History
ISBN: 9780801881114

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This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.


Constitutional Politics

Constitutional Politics
Author: Sotirios A. Barber
Publisher: Princeton University Press
Total Pages: 349
Release: 2021-03-09
Genre: Law
ISBN: 0691227446

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What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements. In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.