Courts And Federalism

Author : Nicholas Theodore Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 600 pages
File Size : 43,9 Mb
Release : 2017-04-24
Category : Law
ISBN : 9781487511487

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Courts in Federal Countries by Nicholas Theodore Aroney,John Kincaid Pdf

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Author : Gerald Baier
Publisher : University of British Columbia Press
Page : 232 pages
File Size : 42,5 Mb
Release : 2006
Category : Education
ISBN : UOM:39015064934535

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Courts and Federalism by Gerald Baier Pdf

Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Gerald Baier argues that the judicial review of Canadian federalism is under-investigated by political scientists. New institutionalist literature in political science suggests that courts matter as sites of governmental conflict and that they rely on processes of reasoning and decision making that can be distinguished from the political. Baier proposes that the idea of judicial doctrine is necessary to a better understanding of judicial reasoning, especially about federalism. To bolster this assertion, he presents detailed surveys of recent judicial doctrine in the US, Australia, and Canada. The evidence demonstrates two things: first, that specific, traceable doctrines are commonly used to settle division-of-power disputes, and second, that the use of doctrine in judicial reasoning makes a positive contribution to the operation of a federal system.

Author : Gerald Baier
Publisher : UBC Press
Page : 226 pages
File Size : 54,6 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774841023

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Courts and Federalism by Gerald Baier Pdf

Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government.

Author : Yonatan T. Fessha,Karl Kössler
Publisher : Routledge
Page : 176 pages
File Size : 42,7 Mb
Release : 2020-03-18
Category : Law
ISBN : 9781000042245

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Federalism and the Courts in Africa by Yonatan T. Fessha,Karl Kössler Pdf

This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.

Author : Arthur D. Hellman,Lauren Robel
Publisher : Unknown
Page : 1494 pages
File Size : 45,9 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105063937432

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Federal Courts by Arthur D. Hellman,Lauren Robel Pdf

Author : Edmond Orban
Publisher : Bruxelles : Établissements Émile Bruylant ; Montréal : Presses de l'Université de Montréal
Page : 248 pages
File Size : 49,7 Mb
Release : 1991
Category : Law
ISBN : UOM:39015025203327

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Federalism and Supreme Courts by Edmond Orban Pdf

Etude des relations entre le fédéralisme (pris dans un sens large) et les Cours suprêmes de divers pays: Etats-Unis, Canada, Allemagne de l'Ouest, Belgique. Le dernier texte examine le cas de la Cour de justice des Communautés européennes.

Author : Nicholas Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 598 pages
File Size : 45,8 Mb
Release : 2017-01-01
Category : Law
ISBN : 9781487500627

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Courts in Federal Countries by Nicholas Aroney,John Kincaid Pdf

Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.

Author : John T. Saywell
Publisher : University of Toronto Press
Page : 486 pages
File Size : 55,7 Mb
Release : 2002-01-01
Category : History
ISBN : 080208656X

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The Lawmakers by John T. Saywell Pdf

Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.

Author : Robert Schertzer
Publisher : University of Toronto Press
Page : 352 pages
File Size : 55,7 Mb
Release : 2016-05-09
Category : Law
ISBN : 9781487510633

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The Judicial Role in a Diverse Federation by Robert Schertzer Pdf

In The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states. Schertzer argues that in a diverse federation where the nature of the federal system is contested the courts should facilitate negotiation between conflicting parties, rather than impose their own vision of the federal system. Drawing on a comprehensive review of the Supreme Court federalism jurisprudence between 1980 and 2010, he demonstrates that the court has increasingly adopted this approach of facilitating negotiation by acknowledging the legitimacy of different understandings of the Canadian federation. This book will be required reading both for those interested in Canada’s Supreme Court and for those engaged in broader debates about the use of federalism in multinational states.

Author : Susan M. Sterett,Lee Demetrius Walker
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 41,9 Mb
Release : 2019
Category : Law
ISBN : 9781788113205

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Research Handbook on Law and Courts by Susan M. Sterett,Lee Demetrius Walker Pdf

The Research Handbook on Law and Courts provides a systematic analysis of new work on courts as governing institutions. Authors consider how courts have taken on regulating fundamental categories of inclusion and exclusion, including citizenship rights. Courts’ centrality to governance is addressed in sections on judicial processes, sub-national courts, and political accountability, all analyzed in multiple legal/political systems. Other chapters turn to analyzing the worldwide push for diversity in staffing courts. Finally, the digitization of records changes both court processes and studying courts. Authors included in the Handbook discuss theoretical, empirical and methodological approaches to studying courts as governing institutions. They also identify promising areas of future research.

Author : Christopher P. Banks,John C. Blakeman
Publisher : Rowman & Littlefield Publishers
Page : 364 pages
File Size : 54,6 Mb
Release : 2012-07-13
Category : Law
ISBN : 9781442218581

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The U.S. Supreme Court and New Federalism by Christopher P. Banks,John C. Blakeman Pdf

Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court’s “new federalism” begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. Using descriptive and empirical methods in political science and legal scholarship, and informed by diverse approaches to judicial ideology, from historical to new institutionalist, they investigate how the U.S. Supreme Court rulings have shaped the political principle of federalism. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation. In addition, they analyze areas of federalism not normally studied by scholars such as religious liberty and foreign affairs.

Author : Arthur D. Hellman,Lauren Robel,David R. Stras
Publisher : LexisNexis
Page : 1350 pages
File Size : 49,5 Mb
Release : 2009
Category : Courts
ISBN : STANFORD:36105134459481

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Federal Courts by Arthur D. Hellman,Lauren Robel,David R. Stras Pdf

Author : Patrick Monahan
Publisher : Thomson Carswell
Page : 284 pages
File Size : 51,8 Mb
Release : 1987
Category : Canada
ISBN : UOM:39076001315923

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Politics and the Constitution by Patrick Monahan Pdf

Author : Doernberg
Publisher : Unknown
Page : 128 pages
File Size : 51,9 Mb
Release : 1997
Category : Electronic
ISBN : 031422727X

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Supplement to Federal Courts, Federalism and Separation of Powers by Doernberg Pdf

Author : W.R. Lederman
Publisher : McGill-Queen's Press - MQUP
Page : 258 pages
File Size : 46,8 Mb
Release : 1964-01-01
Category : Law
ISBN : 9780773595040

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The Courts and the Canadian Constitution by W.R. Lederman Pdf