Measuring Judicial Activism

Author : Stefanie Lindqquist
Publisher : Oxford University Press
ISBN 13 : 0195370856
Total Pages : 189 pages
Book Rating : 4.50/5 ( download)

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Download or read book Measuring Judicial Activism written by Stefanie Lindqquist and published by Oxford University Press. This book was released on 2009-04-23 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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 : Stefanie A. Lindquist
Publisher :
ISBN 13 : 9780199870790
Total Pages : 176 pages
Book Rating : 4.99/5 ( download)

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Download or read book Measuring Judicial Activism written by Stefanie A. Lindquist and published by . This book was released on 2009 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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 : Kermit Roosevelt
Publisher : Yale University Press
ISBN 13 : 0300129564
Total Pages : 272 pages
Book Rating : 4.64/5 ( download)

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Download or read book The Myth of Judicial Activism written by Kermit Roosevelt and published by Yale University Press. This book was released on 2008-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Robert M. Howard
Publisher : Routledge
ISBN 13 : 1136887601
Total Pages : 245 pages
Book Rating : 4.04/5 ( download)

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Download or read book Judging Law and Policy written by Robert M. Howard and published by Routledge. This book was released on 2012-03-22 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.

Author : David F. Forte
Publisher :
ISBN 13 :
Total Pages : 118 pages
Book Rating : 4.38/5 ( download)

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Download or read book The Supreme Court in American Politics written by David F. Forte and published by . This book was released on 1972 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : César A. RodrÃ-guez-Garavito
Publisher : Cambridge University Press
ISBN 13 : 1107078881
Total Pages : 235 pages
Book Rating : 4.88/5 ( download)

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Download or read book Radical Deprivation on Trial written by César A. RodrÃ-guez-Garavito and published by Cambridge University Press. This book was released on 2015-10-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.

Author : Niels Petersen
Publisher : Cambridge University Press
ISBN 13 : 1107177987
Total Pages : 261 pages
Book Rating : 4.87/5 ( download)

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Download or read book Proportionality and Judicial Activism written by Niels Petersen and published by Cambridge University Press. This book was released on 2017-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.

Author : Sterling Harwood
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.42/5 ( download)

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Download or read book Judicial Activism written by Sterling Harwood and published by . This book was released on 1996 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : J. Mark Ramseyer
Publisher : University of Chicago Press
ISBN 13 : 0226703878
Total Pages : 214 pages
Book Rating : 4.79/5 ( download)

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Download or read book Measuring Judicial Independence written by J. Mark Ramseyer and published by University of Chicago Press. This book was released on 2010-02-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

Author : Sonja C. Grover
Publisher : Springer Nature
ISBN 13 : 3030350851
Total Pages : 283 pages
Book Rating : 4.57/5 ( download)

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Download or read book Judicial Activism and the Democratic Rule of Law written by Sonja C. Grover and published by Springer Nature. This book was released on 2020-02-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.