Democracy In The Courts

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Democracy in the Courts

Marijke Malsch
Democracy in the Courts Book PDF

Author : Marijke Malsch
Publisher : Routledge
Page : 248 pages
File Size : 50,6 Mb
Release : 2016-05-13
Category : Law
ISBN : 9781317153078

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Democracy in the Courts by Marijke Malsch Pdf

Democracy in the Courts examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place and the relation between lay participation and the legal system's legitimacy is analyzed. Presenting the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system, this book explores the ways in which judges and lay people interact while trying cases, examining the characteristics of both professional and lay judging of cases. Providing an important analysis of practice, this book will be of interest to academics, legal scholars and practitioners alike.

Democratization and the Judiciary

Siri Gloppen,Roberto Gargarella,Elin Skaar
Democratization and the Judiciary Book PDF

Author : Siri Gloppen,Roberto Gargarella,Elin Skaar
Publisher : Psychology Press
Page : 228 pages
File Size : 47,5 Mb
Release : 2004
Category : Law
ISBN : 0714655686

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Democratization and the Judiciary by Siri Gloppen,Roberto Gargarella,Elin Skaar Pdf

Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.

Democracy, the Courts, and the Liberal State

David Miles
Democracy the Courts and the Liberal State Book PDF

Author : David Miles
Publisher : Routledge
Page : 318 pages
File Size : 53,6 Mb
Release : 2020-10-26
Category : Political Science
ISBN : 9780429534942

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Democracy, the Courts, and the Liberal State by David Miles Pdf

Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Böckenförde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state. Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government, as it also has a crucial civic dimension upon which the liberal state depends. Utilising the works of Böckenförde, Arendt, and Tocqueville, constitutionalism is conceived in the book as part of a broader system of communal norms which sustains representative democracy and liberalism. Through an analysis of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how, in adjudicating these cases, the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal. Democracy, the Courts, and the Liberal State will be of interest to scholars, students, and practitioners interested in comparative politics, political theory, and constitutional law and history.

The Courts

Ian Greene
The Courts Book PDF

Author : Ian Greene
Publisher : UBC Press
Page : 202 pages
File Size : 55,5 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774841191

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The Courts by Ian Greene Pdf

Ian Greene offers an insider's perspective on the role of judges, lawyers, and expert witnesses; the cost of litigation; the representativeness of juries; legal aid issues; and questions of jury reform. He also examines judicial activism in the wider context of public participation in courts administration and judicial selection and of how responsive the courts are to the expectations of Canadian citizens. The Courts moves its examination of the judicial system beyond the well-trodden topics of judicial appointment, discipline, independence, and review to consider the ways in which courts affect daily life in terms of democratic principles. Although courts are often viewed as elitist and unaccountable, they are more valuable aspect of democratic practice than most citizens realize.

The Supreme Court and Constitutional Democracy

John Agresto
The Supreme Court and Constitutional Democracy Book PDF

Author : John Agresto
Publisher : Cornell University Press
Page : 184 pages
File Size : 50,5 Mb
Release : 2016-10-15
Category : Law
ISBN : 9781501712913

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The Supreme Court and Constitutional Democracy by John Agresto Pdf

In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Judicial Power

Christine Landfried
Judicial Power Book PDF

Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 41,6 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667

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Judicial Power by Christine Landfried Pdf

Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

Courts and Democracies in Asia

Po Jen Yap
Courts and Democracies in Asia Book PDF

Author : Po Jen Yap
Publisher : Cambridge University Press
Page : 251 pages
File Size : 41,8 Mb
Release : 2017-09-28
Category : Law
ISBN : 9781107192621

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Courts and Democracies in Asia by Po Jen Yap Pdf

This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

Democracy by Decree

Ross Sandler,David Schoenbrod
Democracy by Decree Book PDF

Author : Ross Sandler,David Schoenbrod
Publisher : Yale University Press
Page : 292 pages
File Size : 43,6 Mb
Release : 2004-01-01
Category : Philosophy
ISBN : 030010314X

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Democracy by Decree by Ross Sandler,David Schoenbrod Pdf

Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are actually controlled by attorneys and judges rather than governors and mayors. In this valuable book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected—and accountable—officials. Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through court decrees. These court regimes, they assert, impose rigid and often ancient detailed plans that can founder on reality. Newly elected officials, who may wish to alter the plans in response to the changing wishes of voters, cannot do so unless attorneys, court-appointed functionaries, and lower-echelon officials agree. The result is neither judicial government nor good government, say Sandler and Schoenbrod, and they offer practical reforms that would set governments free from this judicial stranglehold, allow courts to do their legitimate job of protecting rights, and strengthen democracy.

The Judge in a Democracy

Aharon Barak
The Judge in a Democracy Book PDF

Author : Aharon Barak
Publisher : Princeton University Press
Page : 355 pages
File Size : 49,6 Mb
Release : 2009-01-10
Category : Law
ISBN : 9781400827046

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The Judge in a Democracy by Aharon Barak Pdf

Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

Judicial Review in New Democracies

Tom Ginsburg
Judicial Review in New Democracies Book PDF

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 322 pages
File Size : 47,6 Mb
Release : 2003-07-23
Category : Law
ISBN : 0521520398

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Judicial Review in New Democracies by Tom Ginsburg Pdf

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.

Judicial Review and Contemporary Democratic Theory

Scott E. Lemieux,David J. Watkins
Judicial Review and Contemporary Democratic Theory Book PDF

Author : Scott E. Lemieux,David J. Watkins
Publisher : Routledge
Page : 296 pages
File Size : 49,8 Mb
Release : 2017-11-03
Category : Political Science
ISBN : 9781351602129

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Judicial Review and Contemporary Democratic Theory by Scott E. Lemieux,David J. Watkins Pdf

For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.

Can Courts be Bulwarks of Democracy?

Jeffrey K. Staton,Christopher Reenock,Jordan Holsinger
Can Courts be Bulwarks of Democracy Book PDF

Author : Jeffrey K. Staton,Christopher Reenock,Jordan Holsinger
Publisher : Cambridge University Press
Page : 173 pages
File Size : 42,9 Mb
Release : 2022-03-31
Category : Law
ISBN : 9781316516737

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Can Courts be Bulwarks of Democracy? by Jeffrey K. Staton,Christopher Reenock,Jordan Holsinger Pdf

This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.

Law, Democracy and the European Court of Human Rights

Rory O'Connell
Law Democracy and the European Court of Human Rights Book PDF

Author : Rory O'Connell
Publisher : Cambridge University Press
Page : 321 pages
File Size : 46,9 Mb
Release : 2020-11-05
Category : Law
ISBN : 9781107035072

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Law, Democracy and the European Court of Human Rights by Rory O'Connell Pdf

Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

Constitutional Judiciary in a New Democracy

László Sólyom,Georg Brunner
Constitutional Judiciary in a New Democracy Book PDF

Author : László Sólyom,Georg Brunner
Publisher : University of Michigan Press
Page : 444 pages
File Size : 43,7 Mb
Release : 2000
Category : Law
ISBN : 0472109650

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Constitutional Judiciary in a New Democracy by László Sólyom,Georg Brunner Pdf

Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe

Judicial Power and Canadian Democracy

Institute for Research on Public Policy
Judicial Power and Canadian Democracy Book PDF

Author : Institute for Research on Public Policy
Publisher : McGill-Queen's Press - MQUP
Page : 348 pages
File Size : 52,5 Mb
Release : 2001
Category : Political Science
ISBN : 9780773521315

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Judicial Power and Canadian Democracy by Institute for Research on Public Policy Pdf

Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.