Judicial Power And Judicial Review PDF Download
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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 | : Kermit L. Hall |
Publisher | : Routledge |
Total Pages | : 506 |
Release | : 2014-07-22 |
Genre | : Law |
ISBN | : 1135691533 |
Download Judicial Review and Judicial Power in the Supreme Court Book in PDF, ePub and Kindle
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Author | : Herbert W. Titus |
Publisher | : |
Total Pages | : |
Release | : 2006 |
Genre | : Constitutional law |
ISBN | : |
Download America's Heritage Book in PDF, ePub and Kindle
Author | : Philip HAMBURGER |
Publisher | : Harvard University Press |
Total Pages | : 705 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 0674038193 |
Download Law and Judicial Duty Book in PDF, ePub and Kindle
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
Author | : Edward Samuel Corwin |
Publisher | : |
Total Pages | : 200 |
Release | : 1914 |
Genre | : Law |
ISBN | : |
Download The Doctrine of Judicial Review Book in PDF, ePub and Kindle
Author | : Robert Kenneth Carr |
Publisher | : Greenwood |
Total Pages | : 326 |
Release | : 1970 |
Genre | : Law |
ISBN | : |
Download The Supreme Court and Judicial Review Book in PDF, ePub and Kindle
Author | : Benjamin G. Engst |
Publisher | : Springer Nature |
Total Pages | : 255 |
Release | : 2021-04-17 |
Genre | : Political Science |
ISBN | : 3030460169 |
Download The Two Faces of Judicial Power Book in PDF, ePub and Kindle
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.
Author | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 322 |
Release | : 2003-07-23 |
Genre | : Law |
ISBN | : 9780521520393 |
Download Judicial Review in New Democracies Book in PDF, ePub and Kindle
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Author | : Robert H. Jackson |
Publisher | : |
Total Pages | : 442 |
Release | : 1962 |
Genre | : Constitutional law |
ISBN | : |
Download The Struggle for Judicial Supremacy Book in PDF, ePub and Kindle
Author | : Sotirios A. Barber |
Publisher | : |
Total Pages | : 279 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
Download The Constitution of Judicial Power Book in PDF, ePub and Kindle
Barber shows that New Right theorists, such as Bork, and establishment liberals, such as Ronald Dworkin, are moral relativists who cannot escape conclusions ("might makes right," for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the Court's friends to do just that. Written in a lively and engaging style.