Judicial Bricolage PDF Download
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Author | : Gerald Garvey |
Publisher | : Princeton University Press |
Total Pages | : 173 |
Release | : 2015-03-08 |
Genre | : Law |
ISBN | : 1400869102 |
Download Constitutional Bricolage Book in PDF, ePub and Kindle
Uniquely blending anthropological and exchange theory, Professor Garvey offers a new interpretation of American constitutional development. His thesis: judicial reliance on a limited stock of received forms has inhibited the development of new concepts that could adequately reflect fundamental changes in society. Professor Garvey reviews the history of the Supreme Court in light of the "bricolage" theory. The Court, by interpreting the Constitution to effect laissez-faire and Social Darwinism, helped bring about a society ostensibly patterned on the buyer-seller model, marked by free exchange and "liberty of contract." New departures by the Court in the areas of free speech and criminal justice, according to the author, evidence a recognition of present inequities and a determination to change them; but to the extent the Court remains loyal to a buyer-seller model, it practices an unrealistic jurisprudence. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author | : S. Sidney Ulmer |
Publisher | : |
Total Pages | : 54 |
Release | : 1973 |
Genre | : |
ISBN | : |
Download Bricolage and Assorted Thoughts on Working in the Papers of Supreme Court Justices Book in PDF, ePub and Kindle
Author | : Ronald Kahn |
Publisher | : |
Total Pages | : 336 |
Release | : 1994 |
Genre | : Law |
ISBN | : |
Download The Supreme Court and Constitutional Theory, 1953-1993 Book in PDF, ePub and Kindle
Combining theoretical sophistication with a fundamental comprehension of the political institutions of the USA, this study aims to demystify the workings of the United States Supreme Court and its place in democracy.
Author | : Giuseppe Franco Ferrari |
Publisher | : BRILL |
Total Pages | : 915 |
Release | : 2019-09-24 |
Genre | : Law |
ISBN | : 9004297596 |
Download Judicial Cosmopolitanism Book in PDF, ePub and Kindle
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Author | : Amrei Müller |
Publisher | : Cambridge University Press |
Total Pages | : 641 |
Release | : 2017-05-25 |
Genre | : Political Science |
ISBN | : 131680254X |
Download Judicial Dialogue and Human Rights Book in PDF, ePub and Kindle
This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.
Author | : Joshua C. Tate |
Publisher | : Yale University Press |
Total Pages | : 270 |
Release | : 2022 |
Genre | : Advowson |
ISBN | : 0300163835 |
Download Power and Justice in Medieval England Book in PDF, ePub and Kindle
How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy--an "advowson"--was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy--which was a type of property--at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.
Author | : James Babb |
Publisher | : Edward Elgar Publishing |
Total Pages | : 225 |
Release | : 2023-06-01 |
Genre | : Social Science |
ISBN | : 1035300664 |
Download Dealing with Crisis Book in PDF, ePub and Kindle
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. Reflecting on the depth of the experience with crises, this innovative book demonstrates what the world can learn from insights into crises from the Japanese perspective. Taking an institutionalist approach with a strong historical precedent, leading scholars in the social sciences and law explore how better to deal with foreseeable and unforeseen crises.
Author | : Tania Groppi |
Publisher | : |
Total Pages | : 0 |
Release | : 2025-01-09 |
Genre | : Law |
ISBN | : 1509973990 |
Download Judicial Bricolage Book in PDF, ePub and Kindle
Author | : Emma Lees |
Publisher | : Bloomsbury Publishing |
Total Pages | : 261 |
Release | : 2020-09-17 |
Genre | : Law |
ISBN | : 1509931473 |
Download Environmental Adjudication Book in PDF, ePub and Kindle
This book provides a detailed study of the role of the judiciary in environmental law. It examines theoretical issues concerning the role of judges, taking account of different legal cultures and contexts, exploring the multifaceted pressures which rest on the shoulders of courts when navigating the tensions between maintaining neutrality, resolving disputes, and providing guidance and assistance for future courts, policy-makers and decision-makers. In addition, it explores the particular challenges which arise in an environmental context, before articulating the range of environmental dispute 'models' which can and do exist in the context of the environmental law of England and Wales. The second part of the book looks at the consequences of these findings, and explores the relationship between adjudication and coherence before concluding with an exploration of what constitutes 'good' environmental adjudication.
Author | : Vicki Jackson |
Publisher | : Oxford University Press |
Total Pages | : |
Release | : 2013-02-15 |
Genre | : Law |
ISBN | : 0199715467 |
Download Constitutional Engagement in a Transnational Era Book in PDF, ePub and Kindle
Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and growing comparative judicial awareness. This new environment is reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has changed - there are more bodies generating law, more international legal sources, and more multi-national interactions that bring into view various legal orders. How do these transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores this question, looking at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law. For the United States, the book argues for cautious engagement by the Supreme Court with transnational sources of law in interpreting the national constitution. Constitutional Engagement in a Transnational Era offers law school students and professors an authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law. The book defines how international comparative experiences are relevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law including a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the United States.