The Politico-Legal Dynamics of Judicial Review

The Politico-Legal Dynamics of Judicial Review
Author: Theunis Roux
Publisher: Cambridge University Press
Total Pages: 389
Release: 2018-09-06
Genre: Law
ISBN: 1108670474

Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.

The Dynamic Constitution

The Dynamic Constitution
Author: Richard H. Fallon
Publisher: Cambridge University Press
Total Pages: 433
Release: 2013-04-22
Genre: Law
ISBN: 1107021405

In this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.

Culture, Mind, and Brain

Culture, Mind, and Brain
Author: Laurence J. Kirmayer
Publisher: Cambridge University Press
Total Pages: 683
Release: 2020-09-24
Genre: Psychology
ISBN: 1108580572

Recent neuroscience research makes it clear that human biology is cultural biology - we develop and live our lives in socially constructed worlds that vary widely in their structure values, and institutions. This integrative volume brings together interdisciplinary perspectives from the human, social, and biological sciences to explore culture, mind, and brain interactions and their impact on personal and societal issues. Contributors provide a fresh look at emerging concepts, models, and applications of the co-constitution of culture, mind, and brain. Chapters survey the latest theoretical and methodological insights alongside the challenges in this area, and describe how these new ideas are being applied in the sciences, humanities, arts, mental health, and everyday life. Readers will gain new appreciation of the ways in which our unique biology and cultural diversity shape behavior and experience, and our ongoing adaptation to a constantly changing world.

The Culturalization of Human Rights Law

The Culturalization of Human Rights Law
Author: Federico Lenzerini
Publisher:
Total Pages: 306
Release: 2014
Genre: Law
ISBN: 0199664285

International human rights law was originally focused on universal individual rights. This book examines the developments which have seen it change to a multi-cultural approach, one more sensitive to the cultures of the people directly affected by them. It argues that this can provide benefits, but that aspects of universalism must be retained.

The Identity of the Constitutional Subject

The Identity of the Constitutional Subject
Author: Michel Rosenfeld
Publisher: Routledge
Total Pages: 344
Release: 2009-10-16
Genre: Law
ISBN: 1135253285

The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

The Cultural Defense of Nations

The Cultural Defense of Nations
Author: Liav Orgad
Publisher: Oxford University Press
Total Pages: 305
Release: 2015
Genre: Law
ISBN: 019966868X

Addressing one of the greatest challenges facing liberalism today, this book asks if is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.

Constitutional Dynamics in Federal Systems

Constitutional Dynamics in Federal Systems
Author: Michael Burgess
Publisher: McGill-Queen's Press - MQUP
Total Pages: 353
Release: 2012-03-09
Genre: Political Science
ISBN: 0773587020

Providing a comprehensive view of the constitutional architecture of federations, contributors address change and development in federal states from the standpoint of constitutional revision and reform. Oftentimes change comes from the constituent units that together form a federation. With this in mind, political scientists and legal scholars from across Europe and North America address three important questions. First, what is the scope of national space - the range of discretion and autonomy in constitutional design and development - that is available to the sub-national units in federal system? Second, to what extent have the sub-national units occupied the constitutional space available to them? Third, what have been the effects of constitutional initiatives by sub-national units within their constitutional space on national constitutional development (vertical federalism), on constitutional development in other sub-national units (horizontal federalism), and on political development within their own borders? A comparative, interdisciplinary approach to constitutionalism in federal systems, this volume will be of particular interest to scholars studying federalism, comparative politics, public law, and political development. Contributors include Michael Burgess (University of Kent) and G. Alan Tarr (Rutgers University-Camden), John J. Dinan (Wake Forest University), Arthur Gunlicks (University of Richmond), Peter Bu?jäger (University of Innsbruck), Jens Woelk (University of Trento), Nicolas Schmitt (University of Fribourg), Patrick Peeters (University of Leuven), Gerald Baier (University of British Columbia), Stephen Tierney (University of Edinburgh), Carlos Viver (University of Barcelona), Francesco Palermo (University of Verona), Anneli Albi (University of Kent), Ornella Porchia (University of Turin).

Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 283
Release: 2014
Genre: Law
ISBN: 1107047668

This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Abortion Politics

Abortion Politics
Author: Ziad Munson
Publisher: John Wiley & Sons
Total Pages: 140
Release: 2018-05-21
Genre: Social Science
ISBN: 0745688829

Abortion has remained one of the most volatile and polarizing issues in the United States for over four decades. Americans are more divided today than ever over abortion, and this debate colors the political, economic, and social dynamics of the country. This book provides a balanced, clear-eyed overview of the abortion debate, including the perspectives of both the pro-life and pro-choice movements. It covers the history of the debate from colonial times to the present, the mobilization of mass movements around the issue, the ways it is understood by ordinary Americans, the impact it has had on US political development, and the differences between the abortion conflict in the US and the rest of the world. Throughout these discussions, Ziad Munson demonstrates how the meaning of abortion has shifted to reflect the changing anxieties and cultural divides which it has come to represent. Abortion Politics is an invaluable companion for exploring the abortion issue and what it has to say about American society, as well as the dramatic changes in public understanding of women’s rights, medicine, religion, and partisanship.