Law And Politics Of Constitutional Courts

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Law and Politics of Constitutional Courts

Stefanus Hendrianto
Law and Politics of Constitutional Courts Book PDF

Author : Stefanus Hendrianto
Publisher : Routledge
Page : 292 pages
File Size : 54,9 Mb
Release : 2018-04-17
Category : Law
ISBN : 9781351584913

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Law and Politics of Constitutional Courts by Stefanus Hendrianto Pdf

This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.

Courts, Politics and Constitutional Law

Martin Belov
Courts Politics and Constitutional Law Book PDF

Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 54,6 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977

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Courts, Politics and Constitutional Law by Martin Belov Pdf

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

On Law, Politics, and Judicialization

Martin Shapiro,Alec Stone Sweet
On Law Politics and Judicialization Book PDF

Author : Martin Shapiro,Alec Stone Sweet
Publisher : OUP Oxford
Page : 430 pages
File Size : 42,5 Mb
Release : 2002-08-22
Category : Political Science
ISBN : 9780191531378

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On Law, Politics, and Judicialization by Martin Shapiro,Alec Stone Sweet Pdf

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science of law and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: the strategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' around the world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.

Judicial Power

Christine Landfried
Judicial Power Book PDF

Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 53,9 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.

Comparative Judicial Review

Erin F. Delaney,Rosalind Dixon
Comparative Judicial Review Book PDF

Author : Erin F. Delaney,Rosalind Dixon
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 2018
Category : Comparative law
ISBN : 1788110595

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Comparative Judicial Review by Erin F. Delaney,Rosalind Dixon Pdf

Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. This book's comparative and interdisciplinary accounts of a phenomenon of worldwide significance and its advanced introduction to the origins, functions, and contours of judicial review make it both accessible and indispensable. Comparative Judicial Review should be considered essential reading for every graduate student, early career scholar, and constitutional law professor seeking to become more comparative in their approach. Contributors include: K.J. Alter, S.G. Calabresi, W.-C. Chang, E.F. Delaney, R. Dixon, L, Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S. Issacharoff, V. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J. Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W. Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg, S. Waheedi, B.R. Weingast, E. Zackin

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 : 46,7 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 : 46,6 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.

Courts Without Cases

Carissima Mathen
Courts Without Cases Book PDF

Author : Carissima Mathen
Publisher : Bloomsbury Publishing
Page : 277 pages
File Size : 45,8 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781509922499

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Courts Without Cases by Carissima Mathen Pdf

Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.

Constitutional Courts and Deliberative Democracy

Conrado Hübner Mendes
Constitutional Courts and Deliberative Democracy Book PDF

Author : Conrado Hübner Mendes
Publisher : OUP Oxford
Page : 360 pages
File Size : 45,9 Mb
Release : 2013-12-19
Category : Law
ISBN : 9780191650178

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Constitutional Courts and Deliberative Democracy by Conrado Hübner Mendes Pdf

Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a 'government of the people, by the people and for the people' is usually expressed through elections and electoral representation in parliaments. Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged 'democratic deficit' behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected by that insulated mode of decision-making. This justification has remained largely superficial and, sometimes, too easily embraced. This book analyses the argument that the legitimacy of courts arises from their deliberative capacity. It examines the theory of political deliberation and its implications for institutional design. Against this background, it turns to constitutional review and asks whether an argument can be made in support of judicial power on the basis of deliberative theory.

Policy Change, Courts, and the Canadian Constitution

Emmett Macfarlane
Policy Change Courts and the Canadian Constitution Book PDF

Author : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 461 pages
File Size : 49,5 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487523152

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Policy Change, Courts, and the Canadian Constitution by Emmett Macfarlane Pdf

Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

The Judicial Process

Christopher P. Banks,David M. O'Brien
The Judicial Process Book PDF

Author : Christopher P. Banks,David M. O'Brien
Publisher : CQ Press
Page : 733 pages
File Size : 51,8 Mb
Release : 2015-02-19
Category : Political Science
ISBN : 9781483317021

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The Judicial Process by Christopher P. Banks,David M. O'Brien Pdf

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

Judicial Law-Making in European Constitutional Courts

Monika Florczak-Wątor
Judicial Law Making in European Constitutional Courts Book PDF

Author : Monika Florczak-Wątor
Publisher : Routledge
Page : 249 pages
File Size : 52,8 Mb
Release : 2020-05-07
Category : Law
ISBN : 9781000062250

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Judicial Law-Making in European Constitutional Courts by Monika Florczak-Wątor Pdf

This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.

Consequential Courts

Diana Kapiszewski,Gordon Silverstein,Robert A. Kagan
Consequential Courts Book PDF

Author : Diana Kapiszewski,Gordon Silverstein,Robert A. Kagan
Publisher : Cambridge University Press
Page : 128 pages
File Size : 46,8 Mb
Release : 2013-04-08
Category : Law
ISBN : 9781107067530

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Consequential Courts by Diana Kapiszewski,Gordon Silverstein,Robert A. Kagan Pdf

In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.

Courts, Law, and Politics in Comparative Perspective

Herbert Jacob
Courts Law and Politics in Comparative Perspective Book PDF

Author : Herbert Jacob
Publisher : Unknown
Page : 408 pages
File Size : 43,6 Mb
Release : 1996
Category : Law
ISBN : 0300063784

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Courts, Law, and Politics in Comparative Perspective by Herbert Jacob Pdf

This comprehensive book compares the intersection of political forces and legal practices in five industrial nations—the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

The Judicial System

Carlo Guarnieri,Patrizia Pederzoli
The Judicial System Book PDF

Author : Carlo Guarnieri,Patrizia Pederzoli
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 41,8 Mb
Release : 2020-05-29
Category : Law
ISBN : 9781839100369

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The Judicial System by Carlo Guarnieri,Patrizia Pederzoli Pdf

This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits.