Judges And Adjudication In Constitutional Democracies A View From Legal Realism PDF Download
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Author | : Pierluigi Chiassoni |
Publisher | : Springer Nature |
Total Pages | : 204 |
Release | : 2020-12-11 |
Genre | : Law |
ISBN | : 3030581861 |
Download Judges and Adjudication in Constitutional Democracies: A View from Legal Realism Book in PDF, ePub and Kindle
The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
Author | : Aharon Barak |
Publisher | : Princeton University Press |
Total Pages | : 355 |
Release | : 2009-01-10 |
Genre | : Law |
ISBN | : 1400827043 |
Download The Judge in a Democracy Book in PDF, ePub and Kindle
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.
Author | : Christine Landfried |
Publisher | : Cambridge University Press |
Total Pages | : 411 |
Release | : 2019-02-07 |
Genre | : Law |
ISBN | : 1316999084 |
Download Judicial Power Book in PDF, ePub and Kindle
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.
Author | : Alexander M. Bickel |
Publisher | : Yale University Press |
Total Pages | : 236 |
Release | : 1978-01-01 |
Genre | : Political Science |
ISBN | : 9780300022391 |
Download The Supreme Court and the Idea of Progress Book in PDF, ePub and Kindle
Author | : Robert A. Goldwin |
Publisher | : A E I Press |
Total Pages | : 178 |
Release | : 1985 |
Genre | : Law |
ISBN | : |
Download How Does the Constitution Secure Rights? Book in PDF, ePub and Kindle
This book explores the Constitution and how it provides for individual American rights.
Author | : Robert A. Burt |
Publisher | : Harvard University Press |
Total Pages | : 492 |
Release | : 1992 |
Genre | : Law |
ISBN | : 9780674165366 |
Download The Constitution in Conflict Book in PDF, ePub and Kindle
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Author | : Martin Belov |
Publisher | : Routledge |
Total Pages | : 201 |
Release | : 2019-10-16 |
Genre | : Law |
ISBN | : 1000707970 |
Download Courts, Politics and Constitutional Law Book in PDF, ePub and Kindle
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.
Author | : Richard H. Fallon |
Publisher | : Harvard University Press |
Total Pages | : 237 |
Release | : 2018-02-19 |
Genre | : Law |
ISBN | : 0674975812 |
Download Law and Legitimacy in the Supreme Court Book in PDF, ePub and Kindle
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Author | : David Robertson |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Constitutional courts |
ISBN | : 9780691144030 |
Download The Judge as Political Theorist Book in PDF, ePub and Kindle
The nature and function of judicial review -- Germany: dignity and democracy -- Eastern Europe: (re) establishing the rule of law -- France: purely abstract review -- Canada: imposing rights on the common law -- South Africa: defining a new society -- Tests of unconstitutionality and discrimination -- Conclusions: constitutional jurists as political theorists.
Author | : Mathieu Carpentier |
Publisher | : John Wiley & Sons |
Total Pages | : 388 |
Release | : 2022-08-24 |
Genre | : Philosophy |
ISBN | : 1394163681 |
Download Meta-theory of Law Book in PDF, ePub and Kindle
This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.