Constitutional Courts Media And Public Opinion
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Author | : Angioletta Sperti |
Publisher | : Bloomsbury Publishing |
Total Pages | : 187 |
Release | : 2023-11-16 |
Genre | : Law |
ISBN | : 1509953612 |
This book explores how constitutional courts have transformed communication and overcome their reluctance to engage in direct dialogue with citizens. How has the information revolution affected the relationship of constitutional courts with the public and the media? The book looks in detail at the communication strategies of the US Supreme Court, the Supreme Court of Canada, and in Europe the German Federal Constitutional Tribunal, the French Conseil Constitutionnel and the Italian Constitutional Court, arguing that when it comes to the relationship between courts and the media, different jurisdictions share many similarities. It focuses on the consequences of the communication revolution of courts both in terms of their relationship with public opinion and of the legitimacy of judicial review of legislation. Some constitutional courts have attracted criticism by engaging in proactive communication and, therefore, arguably yielding to the temptation of public support. The book argues that objections to the developing institutional communications employed by courts come from a preconceived notion of public opinion. It considers the burden the communication revolution has placed on constitutional courts to achieve a balance between transparency and seclusion, proximity and distance from public opinion. It puts forward important arguments for how this balance can be achieved. The book will interest scholars in constitutional law and public comparative law, sociologists, historians, political scientists, and scholars of media law and communication studies.
Author | : Barry Friedman |
Publisher | : Farrar, Straus and Giroux |
Total Pages | : 623 |
Release | : 2009-09-29 |
Genre | : Law |
ISBN | : 1429989955 |
In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.
Author | : Robert Y. Shapiro |
Publisher | : OUP Oxford |
Total Pages | : 804 |
Release | : 2013-05-23 |
Genre | : Political Science |
ISBN | : 0199673020 |
With engaging new contributions from the major figures in the fields of the media and public opinion The Oxford Handbook of American Public Opinion and the Media is a key point of reference for anyone working in American politics today.
Author | : Rorie Spill Solberg |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : Law |
ISBN | : |
Author | : I. Unah |
Publisher | : Springer |
Total Pages | : 231 |
Release | : 2016-01-03 |
Genre | : Political Science |
ISBN | : 0230102352 |
The Supreme Court's involvement in many hot political and personal conflicts makes crucial an understanding of its internal workings and evolution. This book gives students a firm historical and institutional base upon which to evaluate contemporary Supreme Court decisions and the impact of those decisions on the lives of ordinary citizens.
Author | : Víctor Ferreres Comella |
Publisher | : Yale University Press |
Total Pages | : 254 |
Release | : 2009-12-01 |
Genre | : Law |
ISBN | : 0300148682 |
Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.
Author | : Julio Ríos-Figueroa |
Publisher | : Cambridge University Press |
Total Pages | : 255 |
Release | : 2016-04-15 |
Genre | : History |
ISBN | : 1107079780 |
The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.
Author | : John Agresto |
Publisher | : Cornell University Press |
Total Pages | : 184 |
Release | : 2016-10-15 |
Genre | : Law |
ISBN | : 1501712918 |
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Author | : Robert Dahl |
Publisher | : Irvington Pub |
Total Pages | : |
Release | : 1993-08-01 |
Genre | : |
ISBN | : 9780829035704 |
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.