Supermajority Voting In Constitutional Courts PDF Download
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| Author | : Cristóbal Caviedes |
| Publisher | : Taylor & Francis |
| Total Pages | : 233 |
| Release | : 2024-08-02 |
| Genre | : Law |
| ISBN | : 1040108458 |
Download Supermajority Voting in Constitutional Courts Book in PDF, ePub and Kindle
This book challenges the wide use of majority rule in many constitutional courts for declaring statutes unconstitutional and argues that these courts should rather perform constitutional review by using supermajority rules. Considering that constitutional courts often tackle hard moral issues, it is questionable whether a bare majority of judges should suffice for settling them, especially considering these courts’ counter-majoritarian nature. Further, the wide use of majority rule for checking the constitutionality of legislation may increasingly risk their reputation. Such a concern is developing in the United States following a series of Supreme Court decisions. This book argues that majority rule is unjustified in constitutional review. This means that, in constitutional review, considering majority rule’s traits, there are no decisive reasons for using this voting rule over other voting rules. Additionally, the book argues that, when checking the constitutionality of legislation, constitutional courts should replace majority rule with supermajority rules. Thus, for declaring statutes unconstitutional, it is argued that more than 50% of the judges present plus one judge present should be needed. This book will be of interest to academics, researchers, and policy-makers working in the areas of Constitutional Law and Politics.
| Author | : Mauro Arturo Rivera León |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2024 |
| Genre | : Constitutional courts |
| ISBN | : 9781032602462 |
Download Supermajorities in Constitutional Courts Book in PDF, ePub and Kindle
"Constitutional adjudication is a subject of fascination for scholars. Judges may annul the will of a democratically elected Parliament in counter-majoritarian fashion. Although conceived as a remedy of majoritarianism, Judges also decide cases by voting. Whether they do so through simple majorities or supermajorities is not trivial. The debate around supermajorities has awakened anew amidst theories of judicial limitation and new conceptions of judicial review. This book advances our knowledge of systems employing supermajorities in constitutional adjudication by performing a comparative analysis of ten jurisdictions and twelve supermajority models. It introduces a typology of the main models of institutional design, the reasons leading policymakers to establish them, and the impact supermajorities have on courts. It explores the question of whether supermajorities grant deference and foster consensus, or if they disable Constitutional Courts from exercising judicial review. By analyzing the history, practice, and effects of supermajority rules in Courts, this book contributes to an ongoing conversation on the democratic implications of voting protocols in Constitutional Courts. It will be a valuable resource for academics, researchers and policy-makers working in the areas of Comparative Constitutional Law and Constitutional Politics"--
| Author | : William L. Ransom |
| Publisher | : Trieste Publishing |
| Total Pages | : 212 |
| Release | : 2017-09-12 |
| Genre | : |
| ISBN | : 9780649641789 |
Download Majority Rule and the Judiciary Book in PDF, ePub and Kindle
Trieste Publishing has a massive catalogue of classic book titles. Our aim is to provide readers with the highest quality reproductions of fiction and non-fiction literature that has stood the test of time. The many thousands of books in our collection have been sourced from libraries and private collections around the world.The titles that Trieste Publishing has chosen to be part of the collection have been scanned to simulate the original. Our readers see the books the same way that their first readers did decades or a hundred or more years ago. Books from that period are often spoiled by imperfections that did not exist in the original. Imperfections could be in the form of blurred text, photographs, or missing pages. It is highly unlikely that this would occur with one of our books. Our extensive quality control ensures that the readers of Trieste Publishing's books will be delighted with their purchase. Our staff has thoroughly reviewed every page of all the books in the collection, repairing, or if necessary, rejecting titles that are not of the highest quality. This process ensures that the reader of one of Trieste Publishing's titles receives a volume that faithfully reproduces the original, and to the maximum degree possible, gives them the experience of owning the original work.We pride ourselves on not only creating a pathway to an extensive reservoir of books of the finest quality, but also providing value to every one of our readers. Generally, Trieste books are purchased singly - on demand, however they may also be purchased in bulk. Readers interested in bulk purchases are invited to contact us directly to enquire about our tailored bulk rates.
| Author | : Michael Waldman |
| Publisher | : Simon and Schuster |
| Total Pages | : 448 |
| Release | : 2022-01-18 |
| Genre | : History |
| ISBN | : 1982198931 |
Download The Fight to Vote Book in PDF, ePub and Kindle
On cover, the word "right" has an x drawn over the letter "r" with the letter "f" above it.
| Author | : Andrea Castagnola |
| Publisher | : Routledge |
| Total Pages | : 191 |
| Release | : 2016-11-03 |
| Genre | : Political Science |
| ISBN | : 1315520605 |
Download Judicial Politics in Mexico Book in PDF, ePub and Kindle
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
| Author | : Jed Handelsman Shugerman |
| Publisher | : Harvard University Press |
| Total Pages | : 0 |
| Release | : 2012-02-27 |
| Genre | : Law |
| ISBN | : 9780674055483 |
Download The People’s Courts Book in PDF, ePub and Kindle
In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People’s Courts traces the history of judicial elections and Americans’ quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present. In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election. The People’s Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.
| Author | : Kevin Bleyer |
| Publisher | : Random House Digital, Inc. |
| Total Pages | : 354 |
| Release | : 2012 |
| Genre | : Constitutional history |
| ISBN | : 1400069351 |
Download Me the People, Or, One Man's Selfless Quest to Rewrite the Constitution of the United States of America Book in PDF, ePub and Kindle
Presents an offbeat revision of the U.S. Constitution that reflects twenty-first century realities and addresses unresolved questions while describing the author's research into ancient Greece's early practices of democracy.
| Author | : Pau Bossacoma Busquets |
| Publisher | : Springer Nature |
| Total Pages | : 393 |
| Release | : 2019-11-19 |
| Genre | : Law |
| ISBN | : 3030265897 |
Download Morality and Legality of Secession Book in PDF, ePub and Kindle
This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.
| Author | : Tom Ginsburg |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 681 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 0857931210 |
Download Comparative Constitutional Law Book in PDF, ePub and Kindle
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
| Author | : Jonathan Elliot |
| Publisher | : |
| Total Pages | : 1780 |
| Release | : 1941 |
| Genre | : United States |
| ISBN | : |
Download The Debates in the Several State Conventions Book in PDF, ePub and Kindle
