The Politics Of Judicial Review

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 322 pages
File Size : 41,7 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.

Author : Scott E. Lemieux,David J. Watkins
Publisher : Routledge
Page : 296 pages
File Size : 52,7 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.

Author : Erin F. Delaney,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 51,5 Mb
Release : 2018-09-28
Category : Law
ISBN : 9781788110600

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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 the 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.

Author : Theunis Roux
Publisher : Cambridge University Press
Page : 0 pages
File Size : 48,7 Mb
Release : 2019-08-08
Category : Law
ISBN : 1108442323

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The Politico-Legal Dynamics of Judicial Review by Theunis Roux Pdf

Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.

Author : Jesse H. Choper
Publisher : Quid Pro Books
Page : 441 pages
File Size : 46,5 Mb
Release : 2013-05-16
Category : Political Science
ISBN : 9781610271714

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Judicial Review and the National Political Process by Jesse H. Choper Pdf

As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.

Author : Wallace Mendelson
Publisher : Unknown
Page : 128 pages
File Size : 53,6 Mb
Release : 1993-08
Category : Electronic
ISBN : 0829027599

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Judicial Review and Party Politics by Wallace Mendelson Pdf

Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 55,7 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 : Alec Stone Sweet
Publisher : Oxford University Press, USA
Page : 326 pages
File Size : 51,9 Mb
Release : 1992
Category : Constitutional courts
ISBN : 9780195070347

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The Birth of Judicial Politics in France by Alec Stone Sweet Pdf

The French Constitutional Council, a quasi-judicial body created at the dawn of the Fifth Republic, functioned in relative obscurity for almost two decades until its emergence in the 1980s as a pivotal actor in the French policymaking process. Alec Stone focuses on how this once docile institution, through its practice of constitutional review, has become a meaningfully autonomous actor in the French political system. After examining the formal prohibition against judicial review in France, Stone illustrates how politicians and the Council have collaborated over the course of the last decade, often unintentionally and in the service of contradictory agendas, to significantly enhance Council's power. While the Council came to function as a third house of Parliament, the legislative work of the government and Parliament was meaningfully "juridicized." Through a discussion of broad theoretical issues, Stone then expands the scope of his analysis to the politics of constitutional review in Germany, Spain, and Austria.

Author : Roy B. Flemming
Publisher : UBC Press
Page : 146 pages
File Size : 44,8 Mb
Release : 2004
Category : Law
ISBN : 0774810831

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Tournament of Appeals by Roy B. Flemming Pdf

Canada's Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place? From the several hundred requests for judicial review filed every year, how and why do the justices pick some cases but not others for review? Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases "win" a place on the Court's agenda and others do not. Taking the approach that the process mimics a sports tournament, this study raises several vital questions. For example, is there an elite Supreme Court "bar" that routinely wins the tournament? Do the Court's rules affect the tournament's outcomes? Or does winning and losing reflect the resources of the parties? As players in this tournament, how do the judges play the game and how does it affect their votes to grant or deny judicial review? Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada's Supreme Court, Roy B. Flemming offers both a qualitatively- and quantitatively-based explanation of how Canada's justices grant judicial review. The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth, and European countries whose high courts share many features of the appeals process in Canada.

Author : M. L. M. Hertogh,Simon Halliday
Publisher : Cambridge University Press
Page : 334 pages
File Size : 53,9 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.

Author : Theunis Roux
Publisher : Cambridge University Press
Page : 389 pages
File Size : 55,6 Mb
Release : 2018-09-06
Category : Law
ISBN : 9781108425421

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The Politico-Legal Dynamics of Judicial Review by Theunis Roux Pdf

Provides a comparative analysis of the ideational dimension of judicial review and its potential contribution to democratic governance.

Author : Bruce Peabody
Publisher : JHU Press
Page : 347 pages
File Size : 55,6 Mb
Release : 2011
Category : Law
ISBN : 9780801897719

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The Politics of Judicial Independence by Bruce Peabody Pdf

2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.

Author : Jesse H. Choper
Publisher : Unknown
Page : 128 pages
File Size : 51,9 Mb
Release : 1980
Category : Electronic
ISBN : OCLC:802727904

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Judicial Review and the National Political Process by Jesse H. Choper Pdf

Author : Daniel M. Brinks,Abby Blass
Publisher : Cambridge University Press
Page : 281 pages
File Size : 52,5 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781107178366

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The DNA of Constitutional Justice in Latin America by Daniel M. Brinks,Abby Blass Pdf

Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.

Author : C Neal Tate,Torbjorn Vallinder
Publisher : NYU Press
Page : 572 pages
File Size : 43,8 Mb
Release : 1995
Category : Political Science
ISBN : 9780814782279

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

Political scientists and legal scholars of various ideological perspectives trace the intellectual origins of the trend toward the judicialization of politics and the increasing domination of decision- making arenas by quasi-judicial procedures, looking at conditions that promote or retard judicialization in specific countries including Western common-law democracies, European Romano-Germanic democracies, and rapidly changing nations such as Russia and Namibia. Contains papers from a June 1992 meeting, plus other papers. Annotation copyright by Book News, Inc., Portland, OR