Estrinsic Evidence Social Science And Constitutional Adjudication In The United States
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Author | : |
Publisher | : |
Total Pages | : 27 |
Release | : 1992 |
Genre | : |
ISBN | : |
This document on extrinsic evidence in constitutional adjudication looks at the following points: extrinsic evidence and the identification and correction of constitutional violations; social science and the rational legislature; social science and constitutional violations; criminal law and procedure; education; institutional reform; government responses; extrinsic evidence and the practice of constitutional litigation in the United States; trial procedure; appellate procedure; constitutional notice; and, extrinsic evidence and institutional capacity.
Author | : Christopher Philip Manfredi |
Publisher | : |
Total Pages | : 27 |
Release | : 1992 |
Genre | : Civil rights |
ISBN | : |
Author | : Christopher P. Manfredi |
Publisher | : |
Total Pages | : 27 |
Release | : 1992 |
Genre | : Civil rights |
ISBN | : |
Author | : Niels Petersen |
Publisher | : |
Total Pages | : 27 |
Release | : 2015 |
Genre | : |
ISBN | : |
More than one hundred years ago, the U.S. Supreme Court started to refer to social science evidence in its judgments. However, this has not resonated with many constitutional courts outside the United States, in particular in continental Europe. This contribution has a twofold aim. First, it tries to show that legal reasoning in constitutional law is often based on empirical assumptions so that there is a strong need for the use of social sciences. However, constitutional courts often lack the necessary expertise to deal with empirical questions. Therefore, I will discuss three potential strategies to make use of social science evidence. Judges can interpret social facts on their own, they can afford a margin of appreciation to the legislator, or they can defer the question to social science experts. It will be argued that none of these strategies is satisfactory so that courts will have to employ a combination of different strategies. In order to illustrate the argument, I will discuss decisions of different jurisdictions, including the United States, Canada, Germany and South Africa.
Author | : Jodi Lazare |
Publisher | : |
Total Pages | : |
Release | : 2013 |
Genre | : |
ISBN | : |
"This thesis examines the practice of judicial reliance on social science evidence in the context of Canadian Charter litigation. It undertakes in-depth readings of two recent trial decisions dealing with prostitution and polygamy, which required the judges to analyze vast amounts of social science empirical data. The argument is that the legal system's prioritization of persuasion, victory and the definitive resolution of disputes prevents it from maximizing the potential contributions that the social sciences can bring to the law and the legal search for truth. The doctrine of stare decisis may also require rethinking. This thesis also explores the idea that adversarial adjudication is ill suited to the balancing of a variety of unsettled issues often required by Charter challenges. This difficulty is compounded by the demonstrated weaknesses of legal education and its failure to equip future lawyers and judges with the non-legal skills required to deal with complex and conflicting empirical data. Last, the thesis looks at another major flaw in Anglo-American adjudication, the party selection of expert witnesses and the necessary bias which results, providing an overview of alternative procedural mechanisms. Overall, the difficulties in combining the law and the social sciences can only be remedied by moving towards a more inquisitorial method of resolving constitutional disputes." --
Author | : Institute for Research on Public Policy |
Publisher | : IRPP |
Total Pages | : 252 |
Release | : 1993 |
Genre | : Law |
ISBN | : 9780886451523 |
This book , The Author addresses the following issues: how and to what effect judicial action has changed since the adoption of the charter, both at the national level and in Quebec; howjudges seek to reconcile particular groups claims with the sense of community integral to a free and democratic society; the implications of these and other developments for interest group advocacy, particular within parliament; and means of strengthening the voice of under represented groups within elected institutions.
Author | : Kent Roach |
Publisher | : University of Toronto Press |
Total Pages | : 657 |
Release | : 2005-01-01 |
Genre | : Health & Fitness |
ISBN | : 0802094201 |
Edited by Colleen Flood, Lorne Sossin, and Kent Roach, the collection explores the role that courts may begin to play in health care and how this new role is of crucial importance to the Canadian public and their governments.
Author | : Chester James Antieau |
Publisher | : |
Total Pages | : 488 |
Release | : 1985 |
Genre | : Law |
ISBN | : |
Author | : Keith E. Whittington |
Publisher | : Harvard University Press |
Total Pages | : 315 |
Release | : 2009-06-01 |
Genre | : Law |
ISBN | : 0674045157 |
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Author | : Richard H. Fallon |
Publisher | : Harvard University Press |
Total Pages | : 237 |
Release | : 2018-02-19 |
Genre | : Law |
ISBN | : 0674975812 |
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow