Judicial Power And National Politics
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Author | : Christine Landfried |
Publisher | : Cambridge University Press |
Total Pages | : 411 |
Release | : 2019-02-07 |
Genre | : Law |
ISBN | : 1316999084 |
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author | : Nancy Staudt |
Publisher | : University of Chicago Press |
Total Pages | : 212 |
Release | : 2011-05 |
Genre | : Law |
ISBN | : 0226771148 |
Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.
Author | : Donald P. Kommers |
Publisher | : SAGE Publications, Incorporated |
Total Pages | : 320 |
Release | : 1976 |
Genre | : Law |
ISBN | : |
Author | : Jeffrey K. Staton |
Publisher | : Cambridge University Press |
Total Pages | : 237 |
Release | : 2010-03-22 |
Genre | : Business & Economics |
ISBN | : 0521195217 |
Although they are not directly accountable to voters, constitutional court judges communicate with the general public through the media. In Judicial Power and Strategic Communication in Mexico, Jeffrey K. Staton argues that constitutional courts develop public relations strategies in order to increase the transparency of judicial behavior and promote judicial legitimacy. Yet, in some political contexts there can be a tension between transparency and legitimacy, and for this reason, courts cannot necessarily advance both conditions simultaneously. The argument is tested via an analysis of the Mexican Supreme Court during Mexico's recent transition to democracy, and also through a cross-national analysis of public perceptions of judicial legitimacy. The results demonstrate that judges can be active participants in the construction of their own power. More broadly, the study develops a positive political theory of institutions, which highlights the connections between democratization and the rule of law.
Author | : Patricia J. Woods |
Publisher | : State University of New York Press |
Total Pages | : 270 |
Release | : 2017-02-21 |
Genre | : Political Science |
ISBN | : 1438462085 |
In Judicial Power and National Politics, Second Edition, Patricia J. Woods returns to an issue that has only grown in relevance since the first edition's publication in 2008: the religious-secular conflict in Israel. The first edition focused on the role that courts and justices play in deeply charged political battles. In the last quarter of the twentieth century, social groups turned to the judicial arm of the state in an effort to force the state to change its laws and policies on religious personal status law, or family law. Through an extensive case study of the interactions of the women's movement with the High Court of Justice, Woods argues that the most important determining factor explaining when, why, and how national courts enter into the world of divisive politics is found in the intellectual or judicial communities with whom justices live, work, and think about the law. The interaction among members of this community over time culminates in new legal norms. This second edition takes into account what has happened in the past decade, with public debate over religion and the state moving away from the court and into the realm of popular politics—on the Knesset floor, in the media, in shopping malls, and on the streets. Included for the first time is the dataset for the author's national survey of women's movement volunteers.
Author | : Jesse H. Choper |
Publisher | : Quid Pro Books |
Total Pages | : 441 |
Release | : 2013-05-16 |
Genre | : Political Science |
ISBN | : 1610271718 |
As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Author | : Alexander Hamilton |
Publisher | : Read Books Ltd |
Total Pages | : 420 |
Release | : 2018-08-20 |
Genre | : History |
ISBN | : 1528785878 |
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.
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
Author | : Keith E. Whittington |
Publisher | : Princeton University Press |
Total Pages | : 320 |
Release | : 2009-03-09 |
Genre | : Law |
ISBN | : 1400827752 |
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Author | : John Adams |
Publisher | : |
Total Pages | : 46 |
Release | : 1776 |
Genre | : Constitutional history |
ISBN | : |