Politics And The Emergence Of An Activist International Court Of Justice
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Author | : Thomas M. Keck |
Publisher | : University of Chicago Press |
Total Pages | : 394 |
Release | : 2010-02-15 |
Genre | : Political Science |
ISBN | : 0226428869 |
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Author | : Thomas J Bodie |
Publisher | : Praeger |
Total Pages | : 136 |
Release | : 1995-02-14 |
Genre | : Law |
ISBN | : |
The extent to which law circumscribes the activities of states is an old dilemma in international law. The traditional position of the states has been that some areas of international relations are not susceptible to legal resolution. This arises from a desire to protect as much sovereignty as possible. Opposed to this is the position which suggests that there are no issues to which international law does not speak. At stake is the usefulness of international adjudication. This book addresses this political/legal dichotomy through doctrinal study and case law. The considerations of previous scholars, as well as state practice and the opinions of various international courts are all included. The author finds that although scholarly opinion and state practice incline toward a more realist position that recognizes the imperatives of state sovereignty, the International Court of Justice has never turned away a case due to the political sensitivities of the subject matter or of the disputants. The Court has quietly set a jurisprudence for the international community that is more idealistic than realistic.
Author | : Maria Sapignoli |
Publisher | : Cambridge Studies in Law and Society |
Total Pages | : 441 |
Release | : 2018-02-15 |
Genre | : Law |
ISBN | : 1107191572 |
Machine generated contents note: 1. Introduction; 2. Unsettling the Central Kalahari; 3. The "Bushman Problem"; 4. Getting Organized: The Social Lives of San NGOs; 5. The San in the United Nations; 6. The Court; 7. After Judgment; 8. Litigating for a way of life; 9. Conclusions
Author | : Ridwanul Hoque |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 395 |
Release | : 2011-01-18 |
Genre | : Law |
ISBN | : 144382822X |
This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
Author | : Luís Pereira Coutinho |
Publisher | : Springer |
Total Pages | : 212 |
Release | : 2015-05-26 |
Genre | : Law |
ISBN | : 3319185497 |
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
Author | : Gary L. Anderson |
Publisher | : SAGE Publications |
Total Pages | : 1833 |
Release | : 2007-04-13 |
Genre | : Language Arts & Disciplines |
ISBN | : 1452265658 |
This is an important historical period in which to develop communication models aimed at creating opportunities for citizens to find a voice for new experiences and social concerns. Such basic social problems as inequality, poverty, and discrimination pose a constant challenge to policies that serve the health and income needs of children, families, people with disabilities, and the elderly. Important changes both in individual values and civic life are occurring in the United States and in many other nations. Recent trends such as the globalization of commerce and consumer values, the speed and personalization of communication technologies, and an economic realignment of industrial and information-based economies are often regarded as negative. Yet there are many signs - from the WTO experience in Seattle to the rise of global activism aimed at making biotechnology accountable - that new forms of citizenship, politics, and public engagement are emerging. The Encyclopedia of Activism and Social Justice presents a comprehensive overview of the field with topics of varying dimensions, breadth, and length. This three-volume Encyclopedia is designed for readers to understand the topics, concepts, and ideas that motivate and shape the fields of activism, civil engagement, and social justice and includes biographies of the major thinkers and leaders who have influenced and continue to influence the study of activism. Key Features Offers multidisciplinary perspectives with contributions from the fields of education, communication studies, political science, leadership studies, social work, social welfare, environmental studies, health care, social psychology, and sociology Provides an easily recognizable approach to topics, ideas, persons, and concepts based on alphabetical and biographical listings in civil engagement, social justice, and activism Addresses both small-scale social justice concepts and more large-scale issues Includes biography pieces indicating the concepts, ideas, or legacies of individuals and groups who have influenced current practice and thinking such as John Stuart Mill, Rachel Carson, Mother Jones, Martin Luther King, Jr., Karl Marx, Mohandas Gandhi, Nelson and Winnie Mandela, Dorothy Day, and Thomas Merton
Author | : Noura Erakat |
Publisher | : Stanford University Press |
Total Pages | : 405 |
Release | : 2019-04-23 |
Genre | : History |
ISBN | : 1503608832 |
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Author | : Geoffrey R. Stone |
Publisher | : |
Total Pages | : 241 |
Release | : 2020 |
Genre | : Biography & Autobiography |
ISBN | : 019093820X |
Brown v. Board of Education (1954) -- Mapp v. Ohio (1961) -- Engel v. Vitale (1962) -- Gideon v. Wainwright (1963) -- New York Times v. Sullivan (1964) -- Reynolds v. Sims (1964) -- Griswold v. Connecticut (1965) -- Miranda v. Arizona (1966) -- Loving v. Virginia (1967) -- Katz v. United States (1967) -- Shapiro v. Thompson (1968) -- Brandenburg v. Ohio (1969).
Author | : Bruno de Witte |
Publisher | : Edward Elgar Publishing |
Total Pages | : 305 |
Release | : 2013-01-01 |
Genre | : Law |
ISBN | : 0857939408 |
ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
Author | : MALLAVARAPUR |
Publisher | : Pearson Education India |
Total Pages | : 247 |
Release | : 2007 |
Genre | : Global governance |
ISBN | : 8131752593 |
Banning the Bomb: The Politics of Norm Creation participates in the ongoing debate on international norm creation between Realists and Constructivists in international relations scholarship. The author argues from a Constructivist provenance that it is critical to examine the role of international non-state coalitions in order to appreciate the broader political context. Well-researched and rich in detail, this book will be a valuable resource for scholars and students of international relations, disarmament, and peace studies.