Towards Juristocracy

Author : Ran Hirschl
Publisher : Harvard University Press
Page : 306 pages
File Size : 47,9 Mb
Release : 2009-06-30
Category : Law
ISBN : 0674038673

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Towards Juristocracy by Ran Hirschl Pdf

In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

Author : Ran Hirschl
Publisher : Harvard University Press
Page : 295 pages
File Size : 42,5 Mb
Release : 2009-06-30
Category : Law
ISBN : 9780674038677

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Towards Juristocracy by Ran Hirschl Pdf

In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

Author : Ran Hirschl
Publisher : Oxford University Press, USA
Page : 317 pages
File Size : 42,9 Mb
Release : 2014
Category : Law
ISBN : 9780198714514

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Comparative Matters by Ran Hirschl Pdf

Charting the history and analytical underpinnings of comparative constitutional inquiry, this book probes the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages. It explores how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide.

Author : Béla Pokol
Publisher : Unknown
Page : 482 pages
File Size : 51,7 Mb
Release : 2021
Category : Constitutional courts
ISBN : 6155164800

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Juristocracy by Béla Pokol Pdf

Author : Ran Hirschl
Publisher : Harvard University Press
Page : 315 pages
File Size : 47,9 Mb
Release : 2010-11
Category : Law
ISBN : 9780674048195

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Constitutional Theocracy by Ran Hirschl Pdf

Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. --from publisher description.

Author : Robert A. Burt
Publisher : Harvard University Press
Page : 492 pages
File Size : 42,7 Mb
Release : 1992
Category : Law
ISBN : 0674165365

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The Constitution in Conflict by Robert A. Burt Pdf

In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

Author : Jeremy Waldron
Publisher : Routledge
Page : 233 pages
File Size : 41,7 Mb
Release : 2014-10-03
Category : Political Science
ISBN : 9781317587217

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Nonsense upon Stilts (Routledge Revivals) by Jeremy Waldron Pdf

In Nonsense upon Stilts ̧ first published in 1987, Waldron includes and discusses extracts from three classic critiques of the idea of natural rights embodied in the 1789 Declaration of the Rights of Man and the Citizen. Each text is prefaced by an historical introduction and an analysis of its main themes. The collection as a whole in introduced with an essay tracing the philosophical background to the three critiques as well as the eighteenth-century idea of natural rights which they attacked. But the point of reproducing these works is not merely historical. Modern attacks on ‘rights-based’ political philosophy mirror the concerns of Bentham, Burke and Marx. Jeremy Waldron has therefore added an extensive concluding essay which relates these classic texts to the modern discussion of rights and re-examines the idea of rights in the light of contemporary critiques. This text provides an invaluable teaching tool for courses in politics and philosophy.

Author : Ronald K. L. Collins,David M. Skover
Publisher : Oxford University Press
Page : 297 pages
File Size : 55,6 Mb
Release : 2017
Category : Law
ISBN : 9780190490140

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The Judge by Ronald K. L. Collins,David M. Skover Pdf

"Employing the great Florentine theorist as its guide, 'The Judge' describes what judges often do, not what they ought to do."--Book jacket.

Author : Andrea Castagnola,Saul Lopez Noriega
Publisher : Routledge
Page : 190 pages
File Size : 43,6 Mb
Release : 2016-11-03
Category : Political Science
ISBN : 9781315520599

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Judicial Politics in Mexico by Andrea Castagnola,Saul Lopez Noriega Pdf

After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

Author : Ran Hirschl
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 46,5 Mb
Release : 2020
Category : Law
ISBN : 9780190922771

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City, State by Ran Hirschl Pdf

"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--

Author : Rosalind Dixon,David E. Landau
Publisher : Oxford University Press
Page : 241 pages
File Size : 53,8 Mb
Release : 2021
Category : Authoritarianism
ISBN : 9780192893765

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Abusive Constitutional Borrowing by Rosalind Dixon,David E. Landau Pdf

Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.

Author : Noah Feldman
Publisher : Farrar, Straus and Giroux
Page : 236 pages
File Size : 55,8 Mb
Release : 2021-11-02
Category : History
ISBN : 9780374720872

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The Broken Constitution by Noah Feldman Pdf

A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

Author : Alan Bogg,Jacob Rowbottom,Alison L Young
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 50,9 Mb
Release : 2020-07-09
Category : Political Science
ISBN : 9781509916597

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The Constitution of Social Democracy by Alan Bogg,Jacob Rowbottom,Alison L Young Pdf

This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.

Author : Janet L. Hiebert
Publisher : McGill-Queen's Press - MQUP
Page : 280 pages
File Size : 48,9 Mb
Release : 2002-04-24
Category : Political Science
ISBN : 9780773570375

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Charter Conflicts by Janet L. Hiebert Pdf

Although the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights.

Author : Mark S. Kende
Publisher : Cambridge University Press
Page : 336 pages
File Size : 50,5 Mb
Release : 2009-03-02
Category : Law
ISBN : 9780521879040

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Constitutional Rights in Two Worlds by Mark S. Kende Pdf

This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.