Towards Juristocracy

Author : Ran Hirschl
Publisher : Harvard University Press
ISBN 13 : 9780674038677
Total Pages : 306 pages
Book Rating : 4.73/5 ( download)

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Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

Author : Ran Hirschl
Publisher : Oxford University Press, USA
ISBN 13 : 0198714513
Total Pages : 317 pages
Book Rating : 4.14/5 ( download)

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Download or read book Comparative Matters written by Ran Hirschl and published by Oxford University Press, USA. This book was released on 2014 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charting the history and analytical underpinnings of comparative constitutional inquiry, this book probes the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages. It explores how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide.

Author : Ran Hirschl
Publisher : Harvard University Press
ISBN 13 : 0674048199
Total Pages : 315 pages
Book Rating : 4.95/5 ( download)

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Download or read book Constitutional Theocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2010-11 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. --from publisher description.

Author : Ran Hirschl
Publisher : Oxford University Press, USA
ISBN 13 : 019092277X
Total Pages : 273 pages
Book Rating : 4.71/5 ( download)

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Download or read book City, State written by Ran Hirschl and published by Oxford University Press, USA. This book was released on 2020 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: "More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--

Author : Béla Pokol
Publisher :
ISBN 13 : 9786155164804
Total Pages : 482 pages
Book Rating : 4.00/5 ( download)

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Download or read book Juristocracy written by Béla Pokol and published by . This book was released on 2021 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Robert A. Burt
Publisher : Harvard University Press
ISBN 13 : 9780674165366
Total Pages : 492 pages
Book Rating : 4.65/5 ( download)

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Download or read book The Constitution in Conflict written by Robert A. Burt and published by Harvard University Press. This book was released on 1992 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

Author : Ronald K. L. Collins
Publisher : Oxford University Press
ISBN 13 : 0190490144
Total Pages : 297 pages
Book Rating : 4.40/5 ( download)

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Download or read book The Judge written by Ronald K. L. Collins and published by Oxford University Press. This book was released on 2017 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Employing the great Florentine theorist as its guide, 'The Judge' describes what judges often do, not what they ought to do."--Book jacket.

Author : Jeremy Waldron
Publisher : Routledge
ISBN 13 : 1317587219
Total Pages : 233 pages
Book Rating : 4.17/5 ( download)

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Download or read book Nonsense upon Stilts (Routledge Revivals) written by Jeremy Waldron and published by Routledge. This book was released on 2014-10-03 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Nonsense upon Stilts ̧ first published in 1987, Waldron includes and discusses extracts from three classic critiques of the idea of natural rights embodied in the 1789 Declaration of the Rights of Man and the Citizen. Each text is prefaced by an historical introduction and an analysis of its main themes. The collection as a whole in introduced with an essay tracing the philosophical background to the three critiques as well as the eighteenth-century idea of natural rights which they attacked. But the point of reproducing these works is not merely historical. Modern attacks on ‘rights-based’ political philosophy mirror the concerns of Bentham, Burke and Marx. Jeremy Waldron has therefore added an extensive concluding essay which relates these classic texts to the modern discussion of rights and re-examines the idea of rights in the light of contemporary critiques. This text provides an invaluable teaching tool for courses in politics and philosophy.

Author : Andrea Castagnola
Publisher : Routledge
ISBN 13 : 1315520591
Total Pages : 190 pages
Book Rating : 4.99/5 ( download)

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Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

Author : Alan Bogg
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916598
Total Pages : 416 pages
Book Rating : 4.97/5 ( download)

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Download or read book The Constitution of Social Democracy written by Alan Bogg and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.