Courts in Federal Countries

Courts in Federal Countries
Author: Nicholas Theodore Aroney
Publisher: University of Toronto Press
Total Pages: 598
Release: 2017-04-24
Genre: Law
ISBN: 1487511485

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Legislative, Executive, and Judicial Governance in Federal Countries

Legislative, Executive, and Judicial Governance in Federal Countries
Author: Katy Le Roy
Publisher: McGill-Queen's Press - MQUP
Total Pages: 416
Release: 2006
Genre: Law
ISBN: 0773560149

Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.

The Collapse of Constitutional Remedies

The Collapse of Constitutional Remedies
Author: Aziz Z. Huq
Publisher: Oxford University Press
Total Pages: 193
Release: 2021
Genre: LAW
ISBN: 0197556817

"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

American Government 3e

American Government 3e
Author: Glen Krutz
Publisher:
Total Pages: 0
Release: 2023-05-12
Genre:
ISBN: 9781738998470

Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.

Courts and Federalism

Courts and Federalism
Author: Gerald Baier
Publisher: University of British Columbia Press
Total Pages: 207
Release: 2006
Genre: Law
ISBN: 9780774812368

Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government. Courts and Federalism will appeal to readers interested in the comparative study of law and government as well as the interaction of law and federalism in contemporary society.

Constitutional Courts in Comparison

Constitutional Courts in Comparison
Author: Ralf Rogowski
Publisher:
Total Pages: 304
Release: 2016
Genre: Constitutional courts
ISBN: 9781785332739

The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

Courts in Federal Countries

Courts in Federal Countries
Author: Nicholas Aroney
Publisher: University of Toronto Press
Total Pages: 598
Release: 2017-01-01
Genre: Law
ISBN: 1487500629

Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.

Federalism and the Courts in Africa

Federalism and the Courts in Africa
Author: Yonatan T. Fessha
Publisher: Routledge
Total Pages: 185
Release: 2020-03-18
Genre: Law
ISBN: 1000042243

This volume examines the design and impact of courts in African federal systems from a comparative perspective. Recent developments indicate that the previously stymied idea of federalism is now being revived in the constitutional arrangements of several African countries. A number of them jumped on the bandwagon of federalism in the early 1990s because it came to be seen as a means to facilitate development, to counter the concentration of power in a single governmental actor and to manage communal tensions. An important part of the move towards federalism is the establishment of courts that are empowered to umpire intergovernmental disputes. This edited volume brings together contributions that first discuss questions of design by focusing, in particular, on the organization of the judiciary and the appointment of judges in African federal systems. They then examine whether courts have had a rather centralizing or decentralizing impact on the operation of African federal systems. The book will be of interest to researchers and policy-makers in the areas of comparative constitutional law and comparative politics.

American Criminal Justice

American Criminal Justice
Author: Frederick T. Davis
Publisher: Cambridge University Press
Total Pages: 179
Release: 2019-07-25
Genre: Law
ISBN: 1108493203

Provides a comprehensive, readable overview of how criminal justice actually works in the United States, and what makes US procedures distinctive and important.

Respecting State Courts

Respecting State Courts
Author: Michael E. Solimine
Publisher: Praeger
Total Pages: 192
Release: 1999-12-30
Genre: Law
ISBN:

Examines major issues revolving around judicial federalism in the United States.