The United States Supreme Court S Assault On The Constitution Democracy And The Rule Of Law

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The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law

Adam Lamparello,Cynthia Swann
The United States Supreme Court s Assault on the Constitution Democracy and the Rule of Law Book PDF

Author : Adam Lamparello,Cynthia Swann
Publisher : Routledge
Page : 295 pages
File Size : 47,6 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781315407760

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The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law by Adam Lamparello,Cynthia Swann Pdf

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court’s decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I–V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court’s reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices’ judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law

Adam Lamparello,Cynthia Swann
The United States Supreme Court s Assault on the Constitution Democracy and the Rule of Law Book PDF

Author : Adam Lamparello,Cynthia Swann
Publisher : Taylor & Francis
Page : 264 pages
File Size : 50,5 Mb
Release : 2016-12
Category : Law
ISBN : 9781315407777

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The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law by Adam Lamparello,Cynthia Swann Pdf

Part VII An interpretive theory that promotes federalism, separation of powers and principled judicial review -- 28 Is democracy a good thing? The arguments - and the practicalities -- 29 Foundational principles for a pro-democracy, process-oriented, and pragmatic jurisprudence -- 30 Applying the foundational principles to the "worst" Supreme Court decisions and arriving at nonideological, process-oriented, and pro-democracy outcomes -- Concluding thoughts -- Index

The Federalist Papers

Alexander Hamilton,John Jay,James Madison
The Federalist Papers Book PDF

Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 45,8 Mb
Release : 2018-08-20
Category : History
ISBN : 9781528785877

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The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Democratization and the Judiciary

Siri Gloppen,Roberto Gargarella,Elin Skaar
Democratization and the Judiciary Book PDF

Author : Siri Gloppen,Roberto Gargarella,Elin Skaar
Publisher : Psychology Press
Page : 228 pages
File Size : 47,8 Mb
Release : 2004
Category : Law
ISBN : 0714655686

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Democratization and the Judiciary by Siri Gloppen,Roberto Gargarella,Elin Skaar Pdf

Introduction : the accountability function of courts in new democracies / Siri Gloppen, Roberto Gargarella, and Elin Skaar Judicial review in developed democracies / Martin Shapiro How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law / Jennifer Widner The constitutional court and control of presidential extraordinary powers in Colombia / Rodrigo Uprimny The politics of judicial review in Chile in the era of domestic transition, 1990-2002 / Javier A. Couso Legitimating transformation : political resource allocation in the South African constitutional court / Theunis Roux The accountability function of courts in Tanzania and Zambia / Siri Gloppen Renegotiating "law and order" : judicial reform and citizen responses in post-war Guatemala / Rachel Sieder Economic reform and judicial governance in Brazil : balancing independence with accountability / Carlos Santiso In search of a democratic justice what courts should not do : Argentina, 1983-2002 / Roberto Gargarella Lessons learned and the way forward / Irwin P. Stotzky.

The Supreme Court and Constitutional Democracy

John Agresto
The Supreme Court and Constitutional Democracy Book PDF

Author : John Agresto
Publisher : Cornell University Press
Page : 184 pages
File Size : 45,9 Mb
Release : 2016-10-15
Category : Law
ISBN : 9781501712913

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The Supreme Court and Constitutional Democracy by John Agresto Pdf

In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Overruling Democracy

Jamin B. Raskin
Overruling Democracy Book PDF

Author : Jamin B. Raskin
Publisher : Psychology Press
Page : 316 pages
File Size : 41,6 Mb
Release : 2004
Category : Political questions and judicial power
ISBN : 0415948959

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Overruling Democracy by Jamin B. Raskin Pdf

The current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. Overruling Democracy disputes the majority's awful rulings on third parties, race, high schools and corporations.

Ethical Principles for Judges

Canadian Judicial Council
Ethical Principles for Judges Book PDF

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 54,7 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

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 : 54,8 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.

A Mere Machine

Anna Harvey
A Mere Machine Book PDF

Author : Anna Harvey
Publisher : Yale University Press
Page : 385 pages
File Size : 49,6 Mb
Release : 2013-11-26
Category : Political Science
ISBN : 9780300171112

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A Mere Machine by Anna Harvey Pdf

In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

Rule By Law

Tom Ginsburg,Tamir Moustafa
Rule By Law Book PDF

Author : Tom Ginsburg,Tamir Moustafa
Publisher : Cambridge University Press
Page : 392 pages
File Size : 40,5 Mb
Release : 2008-05-08
Category : Law
ISBN : 0521720419

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Rule By Law by Tom Ginsburg,Tamir Moustafa Pdf

Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.

How to Save a Constitutional Democracy

Tom Ginsburg,Aziz Z. Huq
How to Save a Constitutional Democracy Book PDF

Author : Tom Ginsburg,Aziz Z. Huq
Publisher : University of Chicago Press
Page : 306 pages
File Size : 45,8 Mb
Release : 2018-10-05
Category : Law
ISBN : 9780226564388

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How to Save a Constitutional Democracy by Tom Ginsburg,Aziz Z. Huq Pdf

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

Most Dangerous Branch

Robert Martin
Most Dangerous Branch Book PDF

Author : Robert Martin
Publisher : McGill-Queen's Press - MQUP
Page : 309 pages
File Size : 50,5 Mb
Release : 2003
Category : Canada
ISBN : 9780773526143

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Most Dangerous Branch by Robert Martin Pdf

Judges on the Supreme Court of Canada are guided by reason and principle - or so most Canadians think. In The Most Dangerous Branch Robert Martin argues that the court has changed from acting on principles to acting on values, allowing it to impose its own personal preferences. As judges are not elected, Martin argues, they should not be permitted to set the social agenda, amend legislation, amend the constitution, or attack democracy and democratic institutions.The Most Dangerous Branch shows that the Supreme Court has done exactly this in dealing with abortion, assisted suicide, homosexuality, and Quebec secession through decisions that were guided not by reasoned understanding of the principles of law but by the values of judges - values they, as unelected representatives of the Canadian state, had no right to impose. Martin shows that Supreme Court judges have adopted an orthodoxy of moral relativism and identity politics that he likens to a secular state religion. This orthodoxy denies the possibility of objectivity about human endeavour and regards social reality as "constructed." While purporting to be concerned with the plight of the oppressed, it is actually based on profound condescension. Martin believes that the "theocracy" which dominates the Supreme Court of Canada is subverting democracy and the rule of law. In The Most Dangerous Branch he calls on Canadians to take back their country.

Freedom in the World 2018

Freedom House
Freedom in the World 2018 Book PDF

Author : Freedom House
Publisher : Rowman & Littlefield
Page : 1040 pages
File Size : 51,8 Mb
Release : 2019-01-31
Category : Political Science
ISBN : 9781538112038

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Freedom in the World 2018 by Freedom House Pdf

Freedom in the World is the standard-setting comparative assessment of global political rights and civil liberties. The methodology of this survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories.

The Democratic Rule of Law on Trial

Sonja C. Grover
The Democratic Rule of Law on Trial Book PDF

Author : Sonja C. Grover
Publisher : Unknown
Page : 0 pages
File Size : 54,8 Mb
Release : 2022
Category : Law
ISBN : 0367721848

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The Democratic Rule of Law on Trial by Sonja C. Grover Pdf

This book examines selected high-profile U.S. First Amendment cases occurring during the Trump era as a vehicle for exploring a possible fundamental commonality in understanding the democratic rule of law globally. In each of these cases, the adjudicating body's analytical legal strategy is discussed in terms of how it reinforces or detracts from the democratic rule of law. It was and continues to be highly internationally anticipated as to what legal examples are being set by this established democracy when confronted by legal contests between the former Trump administration and those alleging their rights were somehow violated by the executive of that time. Thus, the book is instructive for an international audience on the essential role of the courts in protecting democracy through providing, where supported by the law and the facts, a remedy for the aggrieved comparatively powerless. The book will be essential reading for academics and researchers working in the areas of constitutional law, politics and human rights.

The Specter of Dictatorship

David M. Driesen
The Specter of Dictatorship Book PDF

Author : David M. Driesen
Publisher : Stanford University Press
Page : 323 pages
File Size : 47,7 Mb
Release : 2021-07-20
Category : Law
ISBN : 9781503628625

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The Specter of Dictatorship by David M. Driesen Pdf

Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.