Boundaries of Judicial Review
Author: Lorne Mitchell Sossin
Publisher:
Published: 2024
Total Pages: 0
ISBN-13:
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Trials of the State
Author: Jonathan Sumption
Publisher: Profile Books
Published: 2019-08-29
Total Pages: 81
ISBN-13: 1782836225
DOWNLOAD EBOOKA SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Judicial Power
Author: Christine Landfried
Publisher: Cambridge University Press
Published: 2019-02-07
Total Pages: 411
ISBN-13: 1316999084
DOWNLOAD EBOOKThe power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Justice, Judocracy and Democracy in India
Author: Sudhanshu Ranjan
Publisher: Routledge
Published: 2014-03-21
Total Pages: 359
ISBN-13: 1317809777
DOWNLOAD EBOOKThis book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.
Private Property and the Limits of American Constitutionalism
Author: Jennifer Nedelsky
Publisher: University of Chicago Press
Published: 1994-06-15
Total Pages: 358
ISBN-13: 0226569713
DOWNLOAD EBOOKFederalists vision of the Constitution; an interdisciplinary investigation.
Judicial Review in an Objective Legal System
Author: Tara Smith
Publisher: Cambridge University Press
Published: 2015-07-30
Total Pages: 303
ISBN-13: 1107114497
DOWNLOAD EBOOKThis book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
The People Themselves
Author: Larry Kramer
Publisher: Oxford University Press, USA
Published: 2004
Total Pages: 380
ISBN-13: 9780195306453
DOWNLOAD EBOOKThis book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Vigilance and Restraint in the Common Law of Judicial Review
Author: Dean R. Knight
Publisher: Cambridge University Press
Published: 2018-04-19
Total Pages: 309
ISBN-13: 110719024X
DOWNLOAD EBOOKExplores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Judicial Review in New Democracies
Author: Tom Ginsburg
Publisher: Cambridge University Press
Published: 2003-07-23
Total Pages: 322
ISBN-13: 9780521520393
DOWNLOAD EBOOKNew democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
The Rule of Law and the Separation of Powers
Author: Richard Bellamy
Publisher: Routledge
Published: 2017-07-05
Total Pages: 1096
ISBN-13: 1351540696
DOWNLOAD EBOOKThe rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.
