Constitutional Courts And Democratic Values

Author : Víctor Ferreres Comella
Publisher : Yale University Press
ISBN 13 : 0300148682
Total Pages : 254 pages
Book Rating : 4.88/5 ( download)

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Download or read book Constitutional Courts and Democratic Values written by Víctor Ferreres Comella and published by Yale University Press. This book was released on 2009-12-01 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Tom Gerald Daly
Publisher : Cambridge University Press
ISBN 13 : 1108417949
Total Pages : 397 pages
Book Rating : 4.45/5 ( download)

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Download or read book The Alchemists written by Tom Gerald Daly and published by Cambridge University Press. This book was released on 2017-11-02 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a searching critique of excessive reliance on courts as 'democracy-builders' in states emerging from authoritarian rule.

Author : John Agresto
Publisher : Cornell University Press
ISBN 13 : 1501712918
Total Pages : 184 pages
Book Rating : 4.13/5 ( download)

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Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Scott E. Lemieux
Publisher : Routledge
ISBN 13 : 1351602128
Total Pages : 296 pages
Book Rating : 4.29/5 ( download)

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Download or read book Judicial Review and Contemporary Democratic Theory written by Scott E. Lemieux and published by Routledge. This book was released on 2017-11-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.

Author : Po Jen Yap
Publisher : Cambridge University Press
ISBN 13 : 1107192625
Total Pages : 251 pages
Book Rating : 4.21/5 ( download)

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Download or read book Courts and Democracies in Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2017-09-28 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

Author : John Hart Ely
Publisher : Harvard University Press
ISBN 13 : 0674263294
Total Pages : 281 pages
Book Rating : 4.91/5 ( download)

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Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

Author : Walter F. Murphy
Publisher : JHU Press
ISBN 13 : 9780801884702
Total Pages : 588 pages
Book Rating : 4.05/5 ( download)

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Download or read book Constitutional Democracy written by Walter F. Murphy and published by JHU Press. This book was released on 2007 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Author : Geoffrey R. Stone
Publisher : Oxford University Press, USA
ISBN 13 : 019093820X
Total Pages : 241 pages
Book Rating : 4.08/5 ( download)

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Download or read book Democracy and Equality written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2020-01-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.

Author : Stephen Breyer
Publisher : Vintage
ISBN 13 : 0307424618
Total Pages : 176 pages
Book Rating : 4.17/5 ( download)

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Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Author : Adam Lamparello
Publisher : Taylor & Francis
ISBN 13 : 1315407779
Total Pages : 264 pages
Book Rating : 4.77/5 ( download)

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Download or read book The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law written by Adam Lamparello and published by Taylor & Francis. This book was released on 2016-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part VII An interpretive theory that promotes federalism, separation of powers and principled judicial review -- 28 Is democracy a good thing? The arguments - and the practicalities -- 29 Foundational principles for a pro-democracy, process-oriented, and pragmatic jurisprudence -- 30 Applying the foundational principles to the "worst" Supreme Court decisions and arriving at nonideological, process-oriented, and pro-democracy outcomes -- Concluding thoughts -- Index