The Judicial Power Of The Purse

Author : Nancy Staudt
Publisher : University of Chicago Press
Page : 212 pages
File Size : 54,5 Mb
Release : 2011-05
Category : Law
ISBN : 9780226771144

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The Judicial Power of the Purse by Nancy Staudt Pdf

Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

Author : Nancy Christine Staudt
Publisher : Unknown
Page : 339 pages
File Size : 43,9 Mb
Release : 2010
Category : Electronic
ISBN : 112405099X

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The Judicial Power of the Purse: How Courts Fund National Defense in Times of Crisis by Nancy Christine Staudt Pdf

Author : Nancy Staudt
Publisher : University of Chicago Press
Page : 216 pages
File Size : 55,7 Mb
Release : 2011-05-01
Category : Law
ISBN : 9780226771151

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The Judicial Power of the Purse by Nancy Staudt Pdf

Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

Author : E. James Ferguson
Publisher : UNC Press Books
Page : 377 pages
File Size : 49,5 Mb
Release : 2014-01-01
Category : History
ISBN : 9780807839751

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The Power of the Purse by E. James Ferguson Pdf

In The Power of the Purse, E. James Ferguson examines the intricate financial history of the American Revolution and the Confederation and connects it to political and constitutional developments in the period. Whether states or Congress should pay the debts of the Revolution and collect the taxes was a pivotal question whose solution would largely determine the country's progress toward national union. Ultimately, says Ferguson, the Revolutionary debt fulfilled an important purpose as a "bond of union." Ferguson's masterful analysis, originally published in 1961, has become a classic among the literature on the American Revolution.

Author : United States. Advisory Commission on Intergovernmental Relations
Publisher : Unknown
Page : 336 pages
File Size : 47,7 Mb
Release : 1984
Category : Administrative agencies
ISBN : MSU:31293201415167

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Regulatory Federalism by United States. Advisory Commission on Intergovernmental Relations Pdf

Author : Daniel Friedmann
Publisher : Oxford University Press
Page : 417 pages
File Size : 50,5 Mb
Release : 2016
Category : Law
ISBN : 9780190278502

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The Purse and the Sword by Daniel Friedmann Pdf

" The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches. "--

Author : C Neal Tate,Torbjorn Vallinder
Publisher : NYU Press
Page : 482 pages
File Size : 52,8 Mb
Release : 1997-06-01
Category : Political Science
ISBN : 9780814770061

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The Global Expansion of Judicial Power by C Neal Tate,Torbjorn Vallinder Pdf

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 : Robert J. McKeever
Publisher : Manchester University Press
Page : 342 pages
File Size : 41,9 Mb
Release : 1995
Category : Constitutional law
ISBN : 0719048737

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Raw Judicial Power? by Robert J. McKeever Pdf

Published here with a new chapter covering judgements from 1993 to 1995, Raw judicial power? is established as the definitive analysis of the powerful forces shaping the United States Supreme Court today. Robert J. McKeever analyses the approach of the Court to the most pressing contemporary social issues, such as capital punishment, abortion, race and affirmative action, gender equality and religion, sex and politics. He shows how social policy initiatives in the US have often come from the judicial rather than the legislative branch of government, leading to charges that the Supreme Court has been exercising 'raw judicial power'. He examines the policy decisions the Court has made, and argues that the Court has increasingly jettisoned traditional notions of constitutional interpretation in order to tackle the conflicts in contemporary American society. Students of American politics, constitutional law and social policy will all find this book invaluable.

Author : Philip B. Kurland
Publisher : University of Chicago Press
Page : 304 pages
File Size : 41,7 Mb
Release : 1975-11
Category : Law
ISBN : 0226464016

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The Supreme Court and the Judicial Function by Philip B. Kurland Pdf

The papers in this collection are drawn from the annual The Supreme Court Review, which, since its inception in 1960, has been regarded by such legal scholars as Robert F. Drinnan, S. J., as "An indispensable, universally quoted work of the highest scholarship regarding the world's most influential tribunal." Now some of the most important contributions to the Review have been brought together in paperback editions that focus on issues that are becoming increasingly relevant to the ordinary citizen's daily life.

Author : Michael Buenger,Paul J. De Muniz
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 45,9 Mb
Release : 2015-11-27
Category : LAW
ISBN : 9781783477906

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American Judicial Power by Michael Buenger,Paul J. De Muniz Pdf

American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.

Author : William Lasser
Publisher : UNC Press Books
Page : 368 pages
File Size : 48,6 Mb
Release : 2017-10-01
Category : Political Science
ISBN : 9781469632469

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The Limits of Judicial Power by William Lasser Pdf

Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Author : Stephen Breyer
Publisher : Harvard University Press
Page : 113 pages
File Size : 53,6 Mb
Release : 2021-09-14
Category : Law
ISBN : 9780674269361

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The Authority of the Court and the Peril of Politics by Stephen Breyer Pdf

A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Author : Jan Wouters,Koen Lemmens,Thomas Van Poecke,Marie Bourguignon
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 50,9 Mb
Release : 2020-10-30
Category : Political Science
ISBN : 9781839100321

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Can We Still Afford Human Rights? by Jan Wouters,Koen Lemmens,Thomas Van Poecke,Marie Bourguignon Pdf

This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights?

Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 55,8 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.

Author : Dr. Louis Fisher
Publisher : Oxford University Press
Page : 400 pages
File Size : 47,8 Mb
Release : 2014-01-03
Category : Law
ISBN : 9780199350414

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The Law of the Executive Branch by Dr. Louis Fisher Pdf

The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.