Judicial Review And Strategic Behaviour

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Judicial review and strategic behaviour

Josephine de Jaegere
Judicial review and strategic behaviour Book PDF

Author : Josephine de Jaegere
Publisher : Unknown
Page : 365 pages
File Size : 51,8 Mb
Release : 2019
Category : Judicial process
ISBN : 178068861X

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Judicial review and strategic behaviour by Josephine de Jaegere Pdf

Traditionally, legal scholarship on judicial review is predominantly normative, concentrating on how courts should decide cases and to what extent they should show deference towards the legislative branch. Political scientists, on the other hand, seem more interested in what motivates judges and which factors influence their decisions. In contrast to the extensive body of literature on judicial behaviour in countries with a common law tradition (especially on the US Supreme Court), there is little systematic, empirical knowledge relating to European constitutional courts. Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system: Does the Court employ deliberative 'judicial good practices'? Is the Court's performance affected by strategic considerations? And if the Court's rulings reflect strategic actions, does this behaviour correspond to the deliberative expectations weighing on the Court? The answers to these questions contribute to a fundamental discussion about the appropriate role for judicial institutions in a democratic society. The book shows that the Court's case law is (in part) shaped by strategic considerations. In salient cases, the Court prudently adapts various aspects of its decision in order to stimulate acceptance and compliance. The analyses reflect the fact that the Court is willing to engage in dialogue and that a consensus must be found amid a pluralist group of judges in each case. In addition, by continuingly taking into account the anticipated behaviour of its audience, the Court protects its institutional legitimacy for future cases. Due to this interdisciplinary focus, the book provides essential insights to both legal scholars and political scientists. Josephine De Jaegere is an advisor at the Belgian Ministry of Justice and an associated researcher at the University of Antwerp.

The Strategic Analysis of Judicial Behavior

Lee Epstein,Keren Weinshall
The Strategic Analysis of Judicial Behavior Book PDF

Author : Lee Epstein,Keren Weinshall
Publisher : Cambridge University Press
Page : 101 pages
File Size : 43,9 Mb
Release : 2021-06-17
Category : Political Science
ISBN : 9781009058735

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The Strategic Analysis of Judicial Behavior by Lee Epstein,Keren Weinshall Pdf

The past decade has witnessed a worldwide explosion of work aimed at illuminating judicial-behavior: the choices judges make and the consequences of their choices. We focus on strategic accounts of judicial-behavior. As in other approaches to judging, preferences and institutions play a central role but strategic accounts are unique in one important respect: They draw attention to the interdependent - i.e., the strategic - nature of judicial decisions. On strategic accounts, judges do not make decisions in a vacuum, but rather attend to the preferences and likely actions of other actors, including their colleagues, superiors, politicians, and the public. We survey the major methodological approaches for conducting strategic analysis and consider how scholars have used them to provide insight into the effect of internal and external actors on the judges' choices. As far as these studies have traveled in illuminating judicial-behavior, many opportunities for forward movement remain. We flag four in the conclusion.

Judicial Review and Strategic Behaviour

Josephine De Jaegere
Judicial Review and Strategic Behaviour Book PDF

Author : Josephine De Jaegere
Publisher : Unknown
Page : 0 pages
File Size : 47,9 Mb
Release : 2019
Category : Courts
ISBN : 1780686943

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Judicial Review and Strategic Behaviour by Josephine De Jaegere Pdf

Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system.

Governing from the Bench

Emmett Macfarlane
Governing from the Bench Book PDF

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 53,8 Mb
Release : 2013
Category : History
ISBN : 9780774823500

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Governing from the Bench by Emmett Macfarlane Pdf

In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

The Oxford Handbook of U.S. Judicial Behavior

Lee Epstein,Stefanie A. Lindquist
The Oxford Handbook of U S Judicial Behavior Book PDF

Author : Lee Epstein,Stefanie A. Lindquist
Publisher : Oxford University Press
Page : 625 pages
File Size : 51,7 Mb
Release : 2017
Category : Political Science
ISBN : 9780199579891

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The Oxford Handbook of U.S. Judicial Behavior by Lee Epstein,Stefanie A. Lindquist Pdf

"[This book offers] an introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S...[This handbook] describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book."--

Routledge Handbook of Judicial Behavior

Robert M. Howard,Kirk A. Randazzo
Routledge Handbook of Judicial Behavior Book PDF

Author : Robert M. Howard,Kirk A. Randazzo
Publisher : Routledge
Page : 518 pages
File Size : 46,5 Mb
Release : 2017-10-02
Category : Political Science
ISBN : 9781317430384

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Routledge Handbook of Judicial Behavior by Robert M. Howard,Kirk A. Randazzo Pdf

Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective. Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.

Pressure Through Law

Carol Harlow,Richard Rawlings
Pressure Through Law Book PDF

Author : Carol Harlow,Richard Rawlings
Publisher : Routledge
Page : 385 pages
File Size : 46,9 Mb
Release : 2013-05-13
Category : Political Science
ISBN : 9781134980048

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Pressure Through Law by Carol Harlow,Richard Rawlings Pdf

Group litigation has been recognised by political scientists in the States as a useful method of gaining ground and attracting publicity for pressure groups since the turn of the century. In Britain however, recognition that the courts fill such a role has come more slowly. Despite this lack of recognition, pressure through law is far from a modern phenomenon. As the authors show, such cases can be identified in Britain as early as 1749 when abolitionists used the court to test conflicting views of slavery in common law. This book looks at the extent to which pressure groups in Britain use litigation, presenting a view of the courts as a target for campaigners and a vehicle for campaigning. It begins with a description of the tradition of pressure through law in Britain, tracing the development of a parallel tradition in the United States, which has been influential in shaping current British attitudes. The authors analyse the significance of the political environment in Britain in test-case strategy. In contrast with America, Britain has no written constitution and no Bill of Rights and its lack of Freedom of Information legislation makes both litigation and the monitoring of its effects very difficult. However, the centralised character of the British government means that the effects of lobbying are rather more visible in the corridors of power. The authors examine a large number of case studies in order to analyse current practice, and they look at the rapidly changing European and international scene, discussing transnational law, the European community and the Council of Europe. They also look at the campaign tactics of global organisations such as Amnesty and Greenpeace. Carol Harlow and Richard Rawlings are experienced in public law and familiar with political science literature. They are therefore able to relate legal systems to the political process, in a book designed to be accessible and important to lawyers, to political scientists and to lobby group activists.

Judicial Review and Bureaucratic Impact

M. L. M. Hertogh,Simon Halliday
Judicial Review and Bureaucratic Impact Book PDF

Author : M. L. M. Hertogh,Simon Halliday
Publisher : Cambridge University Press
Page : 334 pages
File Size : 55,8 Mb
Release : 2004-08-19
Category : Law
ISBN : 0521547865

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Judicial Review and Bureaucratic Impact by M. L. M. Hertogh,Simon Halliday Pdf

A collection of essays which focus on the relationship between judicial review and bureaucratic behaviour.

Model Rules of Professional Conduct

American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Model Rules of Professional Conduct Book PDF

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 54,9 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Judicial Review in State Supreme Courts

Laura Langer
Judicial Review in State Supreme Courts Book PDF

Author : Laura Langer
Publisher : State University of New York Press
Page : 189 pages
File Size : 44,6 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791489246

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Judicial Review in State Supreme Courts by Laura Langer Pdf

Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.

Judicial Power and Strategic Communication in Mexico

Jeffrey K. Staton
Judicial Power and Strategic Communication in Mexico Book PDF

Author : Jeffrey K. Staton
Publisher : Cambridge University Press
Page : 237 pages
File Size : 40,5 Mb
Release : 2010-03-22
Category : Business & Economics
ISBN : 9780521195218

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Judicial Power and Strategic Communication in Mexico by Jeffrey K. Staton Pdf

Although they are not directly accountable to voters, constitutional court judges communicate with the general public through the media. In Judicial Power and Strategic Communication in Mexico, Jeffrey K. Staton argues that constitutional courts develop public relations strategies in order to increase the transparency of judicial behavior and promote judicial legitimacy. Yet, in some political contexts there can be a tension between transparency and legitimacy, and for this reason, courts cannot necessarily advance both conditions simultaneously. The argument is tested via an analysis of the Mexican Supreme Court during Mexico's recent transition to democracy, and also through a cross-national analysis of public perceptions of judicial legitimacy. The results demonstrate that judges can be active participants in the construction of their own power. More broadly, the study develops a positive political theory of institutions, which highlights the connections between democratization and the rule of law.

Strategic Behavior and Policy Choice on the U.S. Supreme Court

Thomas H. Hammond,Chris W. Bonneau,Reginald S. Sheehan
Strategic Behavior and Policy Choice on the U S Supreme Court Book PDF

Author : Thomas H. Hammond,Chris W. Bonneau,Reginald S. Sheehan
Publisher : Stanford University Press
Page : 330 pages
File Size : 55,7 Mb
Release : 2005
Category : Political Science
ISBN : 0804751463

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Strategic Behavior and Policy Choice on the U.S. Supreme Court by Thomas H. Hammond,Chris W. Bonneau,Reginald S. Sheehan Pdf

This book presents the first comprehensive model of policymaking by strategically-rational justices who pursue their own policy preferences in the Supreme Court's multi-stage decision-making process.

The Pioneers of Judicial Behavior

Nancy L. Maveety
The Pioneers of Judicial Behavior Book PDF

Author : Nancy L. Maveety
Publisher : University of Michigan Press
Page : 446 pages
File Size : 52,9 Mb
Release : 2009-11-16
Category : Law
ISBN : 9780472024209

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The Pioneers of Judicial Behavior by Nancy L. Maveety Pdf

In The Pioneers of Judicial Behavior, prominent political scientists critically examine the contributions to the field of public law of the pioneering scholars of judicial behavior: C. Hermann Pritchett, Glendon Schubert, S. Sidney Ulmer, Harold J. Spaeth, Joseph Tanenhaus, Beverly Blair Cook, Walter F. Murphy, J. Woodward Howard, David J. Danelski, David Rohde, Edward S. Corwin, Alpheus Thomas Mason, Robert G. McCloskey, Robert A. Dahl, and Martin Shapiro. Unlike past studies that have traced the emergence and growth of the field of judicial studies, The Pioneers of Judicial Behavior accounts for the emergence and exploration of three current theoretical approaches to the study of judicial behavior--attitudinal, strategic, and historical-institutionalist--and shows how the research of these foundational scholars has contributed to contemporary debates about how to conceptualize judges as policy makers. Chapters utilize correspondence of and interviews with some early scholars, and provide a format to connect the concerns and controversies of the first political scientists of law and courts to contemporary challenges and methodological debates among today's judicial scholars. The volume's purpose in looking back is to look forward: to contribute to an ecumenical research agenda on judicial decision making, and, ultimately, to the generation of a unified, general theory of judicial behavior. The Pioneers of Judicial Behavior will be of interest to graduate students in the law and courts field, political scientists interested in the philosophy of social science and the history of the discipline, legal practitioners and researchers, and political commentators interested in academic theorizing about public policy making. Nancy L. Maveety is Associate Professor of Political Science, Tulane University.

A Critique of Adjudication [fin de Sicle]

Duncan Kennedy
A Critique of Adjudication fin de Si cle Book PDF

Author : Duncan Kennedy
Publisher : Harvard University Press
Page : 436 pages
File Size : 43,7 Mb
Release : 2009-06-01
Category : Law
ISBN : 0674039521

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A Critique of Adjudication [fin de Sicle] by Duncan Kennedy Pdf

A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.

International Judicial Review

Shai Dothan
International Judicial Review Book PDF

Author : Shai Dothan
Publisher : Cambridge University Press
Page : 173 pages
File Size : 53,9 Mb
Release : 2020-03-05
Category : Law
ISBN : 9781108488761

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International Judicial Review by Shai Dothan Pdf

The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.