Courts And Judicial Activism Under Crisis Conditions
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Author | : Martin Belov |
Publisher | : Routledge |
Total Pages | : 319 |
Release | : 2021-09-22 |
Genre | : Law |
ISBN | : 1000436411 |
This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Author | : Kermit Roosevelt |
Publisher | : Yale University Press |
Total Pages | : 272 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 0300129564 |
Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Author | : Stefanie Lindqquist |
Publisher | : Oxford University Press |
Total Pages | : 189 |
Release | : 2009-04-23 |
Genre | : Law |
ISBN | : 0195370856 |
'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Author | : Kenneth M. Holland |
Publisher | : Springer |
Total Pages | : 230 |
Release | : 1991-06-18 |
Genre | : Law |
ISBN | : 1349117749 |
The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.
Author | : Stephen P. Powers |
Publisher | : Praeger |
Total Pages | : 240 |
Release | : 2002-11-30 |
Genre | : Law |
ISBN | : |
Explores the impact of the federal courts. It discusses the development of constitutional law and the judiciary's impact in the public policy areas of busing, affirmative action, prison reform, mental health reform, procedural reforms in law enforcement and electoral redistricting.
Author | : David Barton |
Publisher | : Wallbuilders Press |
Total Pages | : 64 |
Release | : 2003-10-15 |
Genre | : Law |
ISBN | : 9781932225143 |
This enlightening book addresses the crisis of judicial activism in today's government, revealing an overlooked Constitutional provision: impeachment, the recourse prescribed by the Founders for an unaccountable judiciary. Learn how to recognize judicial activism and reinstate judicial accountability.
Author | : Sterling Harwood |
Publisher | : |
Total Pages | : 192 |
Release | : 1996 |
Genre | : Judges |
ISBN | : |
This study explores the various arguments in favor and against activism offered in leading theories, including treatment of the democratic framework of courts, of the importance of predecent or stare decisis in judicial decision, and of the justification of activism by procedural due process. Reconsidering these same criticisms passivists make about activism, Harwood builds a tightly-argued case in favor of activism.
Author | : César Rodríguez-Garavito |
Publisher | : Cambridge University Press |
Total Pages | : 235 |
Release | : 2015-10-22 |
Genre | : Law |
ISBN | : 1107078881 |
Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Author | : Frederick P. Lewis |
Publisher | : Rowman & Littlefield Publishers |
Total Pages | : 168 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
In this book, Frederick P. Lewis examines the legacy of the Warren Court, analyzing why the court's activism survived largely intact despite the efforts of four Republican presidents over a 20-year period to replace activist federal judges with jurists committed to judicial restraint. The Context of Judicial Activism will be a valuable resource for students and scholars of twentieth century constitutional history and the judicial process.
Author | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 342 |
Release | : 2022-06-30 |
Genre | : Law |
ISBN | : 9781108729208 |
Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.