The Limits Of Judicial Power

Author : William Lasser
Publisher : UNC Press Books
Page : 368 pages
File Size : 41,9 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 : Prof William Lasser
Publisher : Unknown
Page : 128 pages
File Size : 55,5 Mb
Release : 1988-01-01
Category : Electronic
ISBN : 0807862770

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The Limits of Judicial Power by Prof William Lasser Pdf

Author : Tom S. Clark
Publisher : Cambridge University Press
Page : 357 pages
File Size : 52,7 Mb
Release : 2010-11-22
Category : Political Science
ISBN : 9781139492317

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The Limits of Judicial Independence by Tom S. Clark Pdf

This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.

Author : William Lasser
Publisher : Unknown
Page : 366 pages
File Size : 52,8 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 0608086002

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The Limits of Judicial Power by William Lasser Pdf

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 : Emory Washburn
Publisher : Unknown
Page : 24 pages
File Size : 53,6 Mb
Release : 1875
Category : Constitutional law
ISBN : HARVARD:HX4DXE

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Limitations of Judicial Power by Emory Washburn Pdf

Author : Gary L. McDowell
Publisher : Unknown
Page : 230 pages
File Size : 48,6 Mb
Release : 1988
Category : Electronic
ISBN : 0783786980

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Curbing the Courts by Gary L. McDowell Pdf

Author : Gary L. McDowell
Publisher : Unknown
Page : 214 pages
File Size : 44,9 Mb
Release : 1988-01-01
Category : Law
ISBN : 0807113395

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Curbing the Courts by Gary L. McDowell Pdf

Author : Rainer Arnold,José Ignacio Martínez-Estay
Publisher : Springer
Page : 446 pages
File Size : 53,9 Mb
Release : 2017-05-16
Category : Law
ISBN : 9783319551869

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Rule of Law, Human Rights and Judicial Control of Power by Rainer Arnold,José Ignacio Martínez-Estay Pdf

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Author : Paul Howe,Peter H. Russell
Publisher : McGill-Queen's Press - MQUP
Page : 352 pages
File Size : 49,7 Mb
Release : 2001-03-29
Category : Political Science
ISBN : 9780773568891

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Judicial Power and Canadian Democracy by Paul Howe,Peter H. Russell Pdf

The controversy raises challenging questions about the role of a powerful judiciary in a democracy. In Judicial Power and Canadian Democracy, a series of essays commissioned by the Institute for Research on Public Policy, some of Canada's foremost commentators - academics, politicians, and Supreme Court judges themselves - take up the debate. Some tangle over the pivotal question: should judges have the decisive say on issues involving entrenched rights that have profound implication for the policy preferences of elected bodies? Others examine related issues, including Supreme Court appointment procedures, interest group litigation, the historical roots of the notwithstanding clause, and the state of public opinion on Canada's courts. Those interested in the power of the judicial branch will find much in this collection to stimulate fresh thinking on issues that are likely to remain on the public agenda for years to come. Contributors include Joseph F. Fletcher (Toronto), Janet Hiebert (Queen's), Gregory Hein (Toronto), Peter W. Hogg (York), Paul Howe, Rainer Knopff (Calgary), Sébastien Lebel-Grenier (Sherbrooke), Howard Leeson (Regina), Kate Malleson (London School of Economics), E. Preston Manning (Reform Party of Canada), Hon. Beverley McLachlin (Supreme Court of Canada), F.L. Morton (Calgary), Pierre Patenaude (Sherbrooke), Peter Russell, Allison A. Thornton (Blake, Cassels and Graydon), Frederick Vaughan (emeritus, Guelph), Lorraine Eisenstat Weinrib (Toronto), Hon. Bertha Wilson (emeritus, Supreme Court of Canada), and Jacob Ziegel (Toronto).

Author : Kermit L. Hall
Publisher : Routledge
Page : 506 pages
File Size : 48,7 Mb
Release : 2014-07-22
Category : Law
ISBN : 9781135691530

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Judicial Review and Judicial Power in the Supreme Court by Kermit L. Hall Pdf

Available as a single volume or as part of the 10 volume set Supreme Court in American Society

Author : Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler
Publisher : Springer Nature
Page : 338 pages
File Size : 51,5 Mb
Release : 2019-12-02
Category : Law
ISBN : 9789462653597

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European Yearbook of Constitutional Law 2019 by Ernst Hirsch Ballin,Gerhard van der Schyff,Maarten Stremler Pdf

The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ‘safeguards’ and ‘limits’ indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture. State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary’s independence requires a detailed and precise analysis of the judiciary’s constitutional safeguards and limits. This book offers a step in that direction.

Author : C Neal Tate,Torbjorn Vallinder
Publisher : NYU Press
Page : 482 pages
File Size : 53,6 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 : Noel Malcolm
Publisher : Unknown
Page : 156 pages
File Size : 43,5 Mb
Release : 2017
Category : Human rights
ISBN : 1910812374

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Human Rights and Political Wrongs by Noel Malcolm Pdf

Author : Michael Buenger,Paul J. De Muniz
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 45,7 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 : Peter H. Russell,Kate Malleson
Publisher : University of Toronto Press
Page : 489 pages
File Size : 44,7 Mb
Release : 2006-01-01
Category : Political Science
ISBN : 9780802093813

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Appointing Judges in an Age of Judicial Power by Peter H. Russell,Kate Malleson Pdf

The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.