The Most Activist Supreme Court in History

The Most Activist Supreme Court in History
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.

Politics and the Emergence of an Activist International Court of Justice

Politics and the Emergence of an Activist International Court of Justice
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.

Judicial Activism in Bangladesh

Judicial Activism in Bangladesh
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)

Judicial Activism

Judicial Activism
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.

Encyclopedia of Activism and Social Justice

Encyclopedia of Activism and Social Justice
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

Justice for Some

Justice for Some
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

Democracy and Equality

Democracy and Equality
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).

Banning the Bomb: The Politics of Norm Creation

Banning the Bomb: The Politics of Norm Creation
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.

The Ghostwriters

The Ghostwriters
Author: Tommaso Pavone
Publisher: Cambridge University Press
Total Pages: 391
Release: 2022-04-07
Genre: Law
ISBN: 1009084445

The European Union is often depicted as a cradle of judicial activism and a polity built by courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena for political action. Beneath the radar, Europe's political development unfolded as a struggle between judges who resisted European law and lawyers who pushed them to embrace change. Under the sheepskin of rights-conscious litigants and activist courts, these “Euro-lawyers” sought clients willing to break state laws conflicting with European law, lobbied national judges to uphold European rules, and propelled them to submit noncompliance cases to the European Union's supreme court – the European Court of Justice – by ghostwriting their referrals. By shadowing lawyers who encourage deliberate law-breaking and mobilize courts against their own governments, The Ghostwriters overturns the conventional wisdom regarding the judicial construction of Europe and illuminates how the politics of lawyers can profoundly impact institutional change and transnational governance.

Judge Knot

Judge Knot
Author: Todd N. Tucker
Publisher: Anthem Press
Total Pages: 226
Release: 2018-03-30
Genre: Law
ISBN: 1783087935

‘Judge Knot’ explores the biggest and the most controversial success story in international law: investor-state dispute settlement, or ISDS. Since 1990, investors have launched hundreds of claims against government regulation. This exclusive inside look explains what makes the system tick: its poorly understood centuries-old origins, why corporations demand investment law solutions to political problems, how arbitrators supply these solutions, and why the system lasts despite the many politicians and citizens unhappy with it. Building off of an unprecedented set of interviews with the arbitrators who actually decide the cases, ‘Judge Knot’ brings together the best of political science, law and development economics scholarship and offers a concrete alternative to ISDS that leverages what works about the system and discards what does not, so that international law can be more supportive of democracy and development goals.