On Law Politics And Judicialization

Author : Martin Shapiro
Publisher : Oxford University Press
ISBN 13 : 0199256470
Total Pages : 430 pages
Book Rating : 4.71/5 ( download)

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Download or read book On Law, Politics, and Judicialization written by Martin Shapiro and published by Oxford University Press. This book was released on 2002-08-22 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science oflaw and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: thestrategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' aroundthe world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advancedundergraduate courses in law and the social sciences.

Author : Martin M. Shapiro
Publisher :
ISBN 13 :
Total Pages : 417 pages
Book Rating : 4.56/5 ( download)

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Download or read book On Law, Politics, and Judicialization written by Martin M. Shapiro and published by . This book was released on 2002 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Keith E. Whittington
Publisher : OUP Oxford
ISBN 13 : 0191616281
Total Pages : 828 pages
Book Rating : 4.80/5 ( download)

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Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by OUP Oxford. This book was released on 2010-06-11 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 201 pages
Book Rating : 4.77/5 ( download)

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Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.26/5 ( download)

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Download or read book On Law, Politics, and Judicialization written by and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Rachel Sieder
Publisher : Springer
ISBN 13 : 1137108878
Total Pages : 314 pages
Book Rating : 4.76/5 ( download)

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Download or read book The Judicialization of Politics in Latin America written by Rachel Sieder and published by Springer. This book was released on 2016-04-30 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.

Author : Björn Dressel
Publisher : Routledge
ISBN 13 : 0415674107
Total Pages : 258 pages
Book Rating : 4.02/5 ( download)

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Download or read book The Judicialization of Politics in Asia written by Björn Dressel and published by Routledge. This book was released on 2012 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.

Author : Javier Couso
Publisher : Cambridge University Press
ISBN 13 : 0521767237
Total Pages : 305 pages
Book Rating : 4.31/5 ( download)

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Download or read book Cultures of Legality written by Javier Couso and published by Cambridge University Press. This book was released on 2010-04-30 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.

Author : Waris Husain
Publisher : Routledge
ISBN 13 : 1351190091
Total Pages : 190 pages
Book Rating : 4.91/5 ( download)

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Download or read book The Judicialization of Politics in Pakistan written by Waris Husain and published by Routledge. This book was released on 2018-03-28 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament’s laws and the Prime Minister’s acts. This hyper-activism was on display during the Supreme Court’s unilateral disqualification of Prime Minister Yousef Raza Gilani in 2012 under the leadership of Chief Justice Iftikhar Chaudhry. Despite the Supreme Court’s practical adoption of restraint subsequent to the retirement of Chief Justice Chaudhry in 2013, the Court has once again disqualified a prime minister, Nawaz Sharif, due to allegations of corruption in 2017. While many critics have focused on the substance of the Court’s decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States’ and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court’s overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan’s recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States’ to varying degrees. It will be of interest to academics in the fields of Asian Law, South Asian Politics and Law and Comparative Law.

Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1108425666
Total Pages : 411 pages
Book Rating : 4.67/5 ( download)

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Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.