The Politico Legal Dynamics Of Judicial Review

Author : Theunis Roux
Publisher : Cambridge University Press
ISBN 13 : 1108670474
Total Pages : 389 pages
Book Rating : 4.70/5 ( download)

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Download or read book The Politico-Legal Dynamics of Judicial Review written by Theunis Roux and published by Cambridge University Press. This book was released on 2018-09-06 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.

Author : Erin F. Delaney
Publisher : Edward Elgar Publishing
ISBN 13 : 1788110609
Total Pages : 464 pages
Book Rating : 4.00/5 ( download)

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Download or read book Comparative Judicial Review written by Erin F. Delaney and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.

Author : Kermit L. Hall
Publisher : Routledge
ISBN 13 : 1135691533
Total Pages : 506 pages
Book Rating : 4.30/5 ( download)

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Download or read book Judicial Review and Judicial Power in the Supreme Court written by Kermit L. Hall and published by Routledge. This book was released on 2014-07-22 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available as a single volume or as part of the 10 volume set Supreme Court in American Society

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 : Christopher Wolfe
Publisher : Rowman & Littlefield
ISBN 13 : 9780822630265
Total Pages : 472 pages
Book Rating : 4.65/5 ( download)

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Download or read book The Rise of Modern Judicial Review written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1994 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.

Author : Jesse H. Choper
Publisher :
ISBN 13 : 9780226104447
Total Pages : 494 pages
Book Rating : 4.43/5 ( download)

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Download or read book Judicial Review and the National Political Process written by Jesse H. Choper and published by . This book was released on 1983 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Howard Edward Dean
Publisher :
ISBN 13 :
Total Pages : 226 pages
Book Rating : 4.73/5 ( download)

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Download or read book Judicial Review and Democracy written by Howard Edward Dean and published by . This book was released on 1966 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Robert Kenneth Carr
Publisher : New York : Farrar and Rinehart, Incorporated
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.37/5 ( download)

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Download or read book The Supreme Court and Judicial Review written by Robert Kenneth Carr and published by New York : Farrar and Rinehart, Incorporated. This book was released on 1942 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Robert Von Moschzisker
Publisher : Da Capo Press, Incorporated
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.83/5 ( download)

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Download or read book Judicial Review Of Legislation written by Robert Von Moschzisker and published by Da Capo Press, Incorporated. This book was released on 1971-07-21 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two lectures delivered before the Law School of the University of Pennsylvania.

Author : John Hart Ely
Publisher :
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.25/5 ( download)

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Download or read book Democracy and Distrust written by John Hart Ely and published by . This book was released on 1980-02-19 with total page 292 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.