The Occurrence Of Separate Opinions At The Federal Constitutional Court

Author : Caroline Wittig
Publisher : Logos Verlag Berlin GmbH
ISBN 13 : 3832544119
Total Pages : 181 pages
Book Rating : 4.19/5 ( download)

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Download or read book The Occurrence of Separate Opinions at the Federal Constitutional Court written by Caroline Wittig and published by Logos Verlag Berlin GmbH. This book was released on 2016-12-31 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts with the right to constitutional review exert considerable power in a political system. However, especially for Kelsenian constitutional courts there are hardly any large-N studies. This is mainly due to a lack of data. For the German Federal Constitutional Court, this gap has been closed by building a novel database, the development of which is depicted in this book. Employing data from this database, the occurrence of separate opinions in general and their different types in particular are analyzed. The book introduces a new, universal theory that reconciles and expands existing explanations. In a second step, the theory is applied to the German Federal Constitutional Court. It can be proven that one factor that has been neglected so far plays a decisive role: The judges' behavior depends on the profession they pursue after their time in office. Moreover, the study shows that - contrary to the common literature - it is not mainly the topic that determines a case's conflict potential but rather the number of issues a decision has to address.

Author : Mark Tushnet
Publisher : Beacon Press
ISBN 13 : 9780807000366
Total Pages : 260 pages
Book Rating : 4.61/5 ( download)

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Download or read book I Dissent written by Mark Tushnet and published by Beacon Press. This book was released on 2008-06-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.

Author : Tyll Van Geel
Publisher : Longman Publishing Group
ISBN 13 :
Total Pages : 194 pages
Book Rating : 4.26/5 ( download)

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Download or read book Understanding Supreme Court Opinions written by Tyll Van Geel and published by Longman Publishing Group. This book was released on 2002 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a supplemental textbook for an undergraduate course in constitutional law, Van Geel (political science, U.of Rochester) introduces the legal reasoning and the modes of persuasion and justification used by US Supreme Court justices and others engaged in constitutional adjudication. He expects it t

Author : Katalin Kelemen
Publisher : Routledge
ISBN 13 : 1317110048
Total Pages : 242 pages
Book Rating : 4.40/5 ( download)

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Download or read book Judicial Dissent in European Constitutional Courts written by Katalin Kelemen and published by Routledge. This book was released on 2017-09-28 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.

Author : Ralf Rogowski
Publisher : Berghahn Books
ISBN 13 : 1785330969
Total Pages : 316 pages
Book Rating : 4.64/5 ( download)

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Download or read book Constitutional Courts in Comparison written by Ralf Rogowski and published by Berghahn Books. This book was released on 2016-08-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.

Author : James T. Patterson
Publisher : Oxford University Press
ISBN 13 : 0195127161
Total Pages : 319 pages
Book Rating : 4.64/5 ( download)

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Download or read book Brown V. Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appendix II contains tables and statistics on segregation and race and education.

Author : David P. Currie
Publisher : University of Chicago Press
ISBN 13 : 0226131092
Total Pages : 518 pages
Book Rating : 4.92/5 ( download)

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Download or read book The Constitution in the Supreme Court written by David P. Currie and published by University of Chicago Press. This book was released on 1992-09 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary

Author : John Agresto
Publisher : Cornell University Press
ISBN 13 : 9780801492778
Total Pages : 188 pages
Book Rating : 4.77/5 ( 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 1984 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.

Author : Randy J. Kozel
Publisher : Cambridge University Press
ISBN 13 : 110712753X
Total Pages : 191 pages
Book Rating : 4.31/5 ( download)

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Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Author : Judge Jeffrey S. Sutton
Publisher : Oxford University Press
ISBN 13 : 0190866063
Total Pages : 288 pages
Book Rating : 4.68/5 ( download)

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Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.