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Author : Rehan Abeyratne,Iddo Porat
Publisher : Cambridge University Press
Page : 361 pages
File Size : 44,8 Mb
Release : 2021-03-25
Category : Law
ISBN : 9781108840217
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
Author : Robert J. Sharpe,Kent Roach
Publisher : University of Toronto Press
Page : 642 pages
File Size : 40,5 Mb
Release : 2003-12-15
Category : Biography & Autobiography
ISBN : 9781442659209
When Brian Dickson was appointed in 1973, the Supreme Court of Canada was preoccupied with run-of-the-mill disputes. By the time he retired as Chief Justice of Canada in 1990, the Court had become a major national institution, very much in the public eye. The Court's decisions, reforming large areas of private and public law under the Charter of Rights, were the subject of intense public interest and concern. Brian Dickson played a leading role in this transformation. Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period. Dickson's journey was an important part of the evolution of the Canadian judiciary and of Canada itself. Sharpe and Roach have written an accessible biography of one of Canada's greatest legal figures that provides new insights into the work of Canada's highest court.
Author : Rosemary Hunter,Erika Rackley
Publisher : Cambridge University Press
Page : 437 pages
File Size : 40,8 Mb
Release : 2022-05-26
Category : Biography & Autobiography
ISBN : 9781108479363
Featuring original research, this collection celebrates the remarkable career of former Supreme Court President, Brenda Hale.
Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 55,7 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 : Rosalind Dixon
Publisher : Oxford University Press
Page : 321 pages
File Size : 49,9 Mb
Release : 2023-01-18
Category : Law
ISBN : 9780192689719
Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea. In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions—through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system's responsiveness to democratic majority understandings. The idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a 'weakened' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality, and an embrace of 'weak – strong' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.
Author : Gabrielle Appleby,Andrew Lynch
Publisher : Cambridge University Press
Page : 341 pages
File Size : 46,7 Mb
Release : 2021-04-29
Category : Law
ISBN : 9781108494618
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
Author : Tom Ginsburg,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 50,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931214
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author : Rehan Abeyratne,Ngoc Son Bui
Publisher : Routledge
Page : 318 pages
File Size : 44,7 Mb
Release : 2021-11-30
Category : Law
ISBN : 9781000483734
This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
Author : Robert M. Lichtman
Publisher : University of Illinois Press
Page : 314 pages
File Size : 53,8 Mb
Release : 2012-08-15
Category : History
ISBN : 9780252094125
In this volume, attorney Robert M. Lichtman provides a comprehensive history of the U.S. Supreme Court's decisions in "Communist" cases during the McCarthy era. Lichtman shows the Court's vulnerability to public criticism and attacks by the elected branches during periods of political repression. The book describes every Communist-related decision of the era (none is omitted), placing them in the context of political events and revealing the range and intrusiveness of McCarthy-era repression. In Fred Vinson's term as chief justice (1946-53), the Court largely rubber-stamped government action against accused Communists and "subversives." After Earl Warren replaced Vinson as chief justice in 1953, however, the Court began to rule against the government in "Communist" cases, choosing the narrowest of grounds but nonetheless outraging public opinion and provoking fierce attacks from the press and Congress. Legislation to curb the Court flooded Congress and seemed certain to be enacted. The Court's situation was aggravated by its 1954 school-desegregation decision, Brown v. Board of Education, which led to an anti-Court alliance between southern Democrats and anti-Communists in both parties. Although Lyndon Johnson's remarkable talents as Senate majority leader saved the Court from highly punitive legislation, the attacks caused the Court to retreat, with Felix Frankfurter leading a five-justice majority that decided major constitutional issues for the government and effectively nullified earlier decisions. Only after August 1962, when Frankfurter retired and was replaced by Arthur Goldberg, did the Court again begin to vindicate individual rights in "Communist" cases--its McCarthy era was over. Demonstrating keen insight into the Supreme Court's inner workings and making extensive use of the justices' papers, Lichtman examines the dynamics of the Court's changes in direction and the relationships and rivalries among its justices, including such towering figures as Hugo Black, Felix Frankfurter, Earl Warren, William O. Douglas, and William J. Brennan, Jr. The Supreme Court and McCarthy-Era Repression: One Hundred Decisions tells the entire story of the Supreme Court during this unfortunate period of twentieth-century American history.
Author : Wendy Murphy
Publisher : Penguin
Page : 302 pages
File Size : 43,8 Mb
Release : 2007
Category : Political Science
ISBN : 159523036X
Identifies current criminal rights practices that limit the abilities of victims to receive justice, including such tactics as victim privacy invasion, intimidating cross-examinations, and defense presentations that are designed to distort the truth.
Author : Stefanus Hendrianto
Publisher : Routledge
Page : 292 pages
File Size : 52,9 Mb
Release : 2018-04-17
Category : Law
ISBN : 9781351584913
This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.
Author : Greg Mathis,Blair S. Walker
Publisher : One World/Ballantine
Page : 224 pages
File Size : 40,8 Mb
Release : 2002
Category : Gangs
ISBN : UCSC:32106016671791
From the hugely popular star of TVUs "Judge Mathis, " comes the inspirational story of a young man who rose from delinquent to Detroit District Court Judge to national television personality. Color photos.
Author : Brian Christopher Jones
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 47,8 Mb
Release : 2020-06-26
Category : Law
ISBN : 9781788971102
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
Author : Max Lerner
Publisher : Arcade Publishing
Page : 364 pages
File Size : 55,9 Mb
Release : 1994
Category : History
ISBN : 1559701684
One of America's great legal scholars and most respected journalists shares half a century of observating and writing about the Supreme Court. This life's work covers the Court from its beginnings to its recent moments of crisis. Lerner has written about the judicial process for over 50 years.
Author : Kathleen A. Cairns
Publisher : U of Nebraska Press
Page : 346 pages
File Size : 43,7 Mb
Release : 2016-11-01
Category : Biography & Autobiography
ISBN : 9780803255753
"This biography of Rose Elizabeth Bird is an overdue look at California's first female supreme court chief justice, against the backdrop of California's political and cultural climate in the 1970s and 1980s"--