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Author : John Aneurin Grey Griffith
Publisher : Manchester University Press
Page : 232 pages
File Size : 46,7 Mb
Release : 1977
Category : Judicial power
ISBN : 071900702X
Author : Martine Valois
Publisher : Unknown
Page : 253 pages
File Size : 55,8 Mb
Release : 2013
Category : Judicial independence
ISBN : 0433474475
Author : John Aneurin Grey Griffith
Publisher : Unknown
Page : 224 pages
File Size : 50,8 Mb
Release : 1979
Category : Electronic
ISBN : OCLC:311494261
Author : Carlo Guarnieri,Patrizia Pederzoli
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 49,7 Mb
Release : 2020-05-29
Category : Law
ISBN : 9781839100369
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.
Author : Bruce Peabody
Publisher : JHU Press
Page : 347 pages
File Size : 42,8 Mb
Release : 2011
Category : Law
ISBN : 9780801897719
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 : Cass R. Sunstein,David Schkade,Lisa Ellman
Publisher : Rowman & Littlefield
Page : 194 pages
File Size : 45,6 Mb
Release : 2007-02-01
Category : Law
ISBN : 9780815782353
Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.
Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 52,7 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977
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.
Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 49,6 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Author : Adam Bonica,Maya Sen
Publisher : Cambridge University Press
Page : 335 pages
File Size : 44,5 Mb
Release : 2020-12-17
Category : Law
ISBN : 9781108841368
Presents a novel theory explaining how and why politicians and lawyers politicise courts.
Author : Melissa Crouch
Publisher : Cambridge University Press
Page : 449 pages
File Size : 41,5 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781108493468
Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.
Author : Jennifer Carroll MacNeill
Publisher : Unknown
Page : 0 pages
File Size : 50,7 Mb
Release : 2016
Category : Judges
ISBN : 1846825970
This book provides an unprecedented analysis of the politics underlying the appointment of judges in Ireland, enlivened by a wealth of interview material, and putting the Irish experience into a broad comparative framework. It tells the inside story of the process by which judges are chosen both in cabinet and in the Judicial Appointments Advisory Board over the past three decades and charts a path for future reform of judicial appointment processes in Ireland. The research is based on a large number of interviews with senior judges, current and former politicians, Attorneys-General and members of the Judicial Appointments AdvisoryBoard. The circumstances surrounding decisions about institutional design and institutional change are reconstructed in meticulous detail, giving us an excellent insight into the significance of a complex series of events that govern the way in which judges in Ireland are chosen today. Author Jennifer Carroll MacNeill is both an IRCHSS Government of Ireland Scholar and the winner of the Basil Chubb Prize 2015 for the best politics PhD in Ireland. [Subject: Legal History, Legal Studies, Politics, Ireland]
Author : F. L. Morton,Dave Snow
Publisher : Unknown
Page : 0 pages
File Size : 43,9 Mb
Release : 2018
Category : Courts
ISBN : 1552389901
Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada.
Author : Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien
Publisher : Cambridge University Press
Page : 307 pages
File Size : 51,8 Mb
Release : 2015-03-12
Category : Law
ISBN : 9781316240533
Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.
Author : James L. Gibson
Publisher : University of Chicago Press
Page : 240 pages
File Size : 52,7 Mb
Release : 2012-09-20
Category : Political Science
ISBN : 9780226291109
A revealing and provocative study of the effects of judicial elections on state courts and public perceptions of impartiality. In Electing Judges, leading judicial politics scholar James L. Gibson responds to the growing concern that the realities of campaigning are undermining judicial independence and even the rule of law. Armed with empirical evidence, Gibson offers the most systematic and comprehensive study to date of the impact of judicial elections on public perceptions of fairness, impartiality, and the legitimacy of state courts—and his findings are both counterintuitive and controversial. Gibson finds that ordinary Americans do not conclude from campaign promises that judges are incapable of making impartial decisions. Instead, he shows, they understand the process of deciding cases to be an exercise in policy making, rather than of simply applying laws to individual cases—and consequently think it’s important for candidates to reveal where they stand on important issues. Negative advertising also turns out to have a limited effect on perceptions of judicial legitimacy, though certain kinds of campaign contributions can create the appearance of improper bias. Taking both the good and bad into consideration, Gibson argues persuasively that elections are ultimately beneficial in boosting the institutional legitimacy of courts, despite the slight negative effects of some campaign activities
Author : Kálmán Pócza
Publisher : Routledge
Page : 252 pages
File Size : 46,6 Mb
Release : 2018-11-19
Category : Law
ISBN : 0429467095
Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.
