The Global Expansion Of Judicial Power PDF Download
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| Author | : C Neal Tate |
| Publisher | : NYU Press |
| Total Pages | : 572 |
| Release | : 1995 |
| Genre | : Political Science |
| ISBN | : 0814782272 |
Download The Global Expansion of Judicial Power Book in PDF, ePub and Kindle
Political scientists and legal scholars of various ideological perspectives trace the intellectual origins of the trend toward the judicialization of politics and the increasing domination of decision- making arenas by quasi-judicial procedures, looking at conditions that promote or retard judicialization in specific countries including Western common-law democracies, European Romano-Germanic democracies, and rapidly changing nations such as Russia and Namibia. Contains papers from a June 1992 meeting, plus other papers. Annotation copyright by Book News, Inc., Portland, OR
| Author | : C Neal Tate |
| Publisher | : NYU Press |
| Total Pages | : 482 |
| Release | : 1997-06-01 |
| Genre | : Political Science |
| ISBN | : 0814770061 |
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In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
| Author | : Peter H. Russell |
| Publisher | : University of Toronto Press |
| Total Pages | : 489 |
| Release | : 2006-01-01 |
| Genre | : Political Science |
| ISBN | : 0802093817 |
Download Appointing Judges in an Age of Judicial Power Book in PDF, ePub and Kindle
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
| Author | : Donald W. Jackson |
| Publisher | : Praeger |
| Total Pages | : 238 |
| Release | : 1992-09-17 |
| Genre | : Law |
| ISBN | : |
Download Comparative Judicial Review and Public Policy Book in PDF, ePub and Kindle
This is one of the few book-length analyses of judicial review and public policy in very different parts of the world today. Donald W. Jackson and C. Neal Tate have gathered together respected scholars and set forth a framework for comparative analysis into the origins of judicial review, its use as a policy tool, and its exercise and impact in the policy-making process. Political scientists, public policy analysts, and public administrators will find this a thought-provoking study in comparative politics and public administration and a useful classroom text. The text opens with an overview and a delineation of basic concepts and closes with a framework for analyzing the exercise of judicial review in policy making. The major part of the book offers case studies and analyses of the establishment of judicial review as a policy tool, and the impact of judicial review in various types of legal situations. These studies cover twelve countries, including the United States, Great Britain, Japan, India, Israel, and the USSR, among others. Chapter reference lists and a selected bibliography at the end of the book refer readers to current studies of importance.
| Author | : Paulo Pinto de Albuquerque |
| Publisher | : Springer Nature |
| Total Pages | : 671 |
| Release | : 2019-08-21 |
| Genre | : Law |
| ISBN | : 3030207447 |
Download Judicial Power in a Globalized World Book in PDF, ePub and Kindle
This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
| 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 | : Yi Zhao |
| Publisher | : |
| Total Pages | : 406 |
| Release | : 2004 |
| Genre | : |
| ISBN | : |
Download The Expansion of Judicial Power in China Book in PDF, ePub and Kindle
| 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 | : Walter Fairleigh Dodd |
| Publisher | : |
| Total Pages | : 1 |
| Release | : 1909 |
| Genre | : Courts |
| ISBN | : |
Download The Growth of Judicial Power Book in PDF, ePub and Kindle
| Author | : David Bilchitz |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 288 |
| Release | : 2018 |
| Genre | : |
| ISBN | : 1785369776 |
Download The Evolution of the Separation of Powers Book in PDF, ePub and Kindle
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
