The Judicial Veto

The Judicial Veto

Author: Horace Andrew Davis

Publisher: Legare Street Press

Published: 2023-07-18

Total Pages: 0

ISBN-13: 9781022180048

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Davis argues that the Supreme Court's power of judicial review is a necessary check on the legislative and executive branches of government. He explores the history and purpose of this power and defends it against critics who would limit its scope. This book is a must-read for anyone interested in the foundations of American government and constitutional law. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


Judicial Vetoes

Judicial Vetoes

Author: Lydia Tiede

Publisher: Cambridge University Press

Published: 2022-08-04

Total Pages: 325

ISBN-13: 1009079220

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How does the selection of judges influence the work they do in important constitutional courts? Does mixed judicial selection, which allows more players to choose judges, result in a court that is more independent and one that can check powerful executives and legislators? Existing literature on constitutional courts tends to focus on how judicial behaviour is motivated by judges' political preferences. Lydia Brashear Tiede argues for a new approach, showing that, under mixed selection, institutions choose different types of judges who represent different approaches to constitutional adjudication and thus have different propensities for striking down laws. Using empirical evidence from the constitutional courts of Chile and Colombia, this book develops a framework for understanding the factors, external and internal to courts, which lead individual judges, as well as the courts in which they work, to veto a law.


The Judicial Veto (Classic Reprint)

The Judicial Veto (Classic Reprint)

Author: Horace A. Davis

Publisher:

Published: 2015-07-11

Total Pages: 160

ISBN-13: 9781331150220

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Excerpt from The Judicial Veto The three essays on judicial review which make up this book contribute each its share to the conclusion that deciding the constitutionality of statutes is a political and not a legal function. The tendency of courts as well as laymen to disregard this fundamental principle and to view the whole subject as a branch of jurisprudence has led to an intolerable political situation. That some change will be made becomes increasingly evident. The conviction that the subject, technical though it may be, is of vital and immediate importance to the body politic is my reason for publishing these essays. The first chapter attempts to sketch in untechnical language the present situation and the present tendency; the second proposes a common-sense remedy; the third is an historical study of the origin of judicial review in the federal Supreme Court. Under a strictly logical arrangement, the historical essay should come first; but its value is almost wholly academic, and it seemed better to give the more practical essays precedence. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


Judicial Vetoes

Judicial Vetoes

Author: Lydia Brashear Tiede

Publisher:

Published: 2022

Total Pages:

ISBN-13: 9781009061025

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"Constitutional courts in many countries seek to constrain elected actors often by striking down or vetoing their laws. A large proportion of these courts select their judges through a mixed selection method which allows different institutions, often branches of government, to each select a specific number of judges to the court. This book investigates how the mixed selection method operates in practice on the Chilean Constitutional Tribunal, and the Colombian Constitutional Court. Separate institutions choose different types of constitutional adjudicators to these two courts who in turn have different propensities for vetoing or striking down laws. The presence of different types of judges appearing on any case and quorum rules inform individual judges' votes and decisions of the full court. Studying the relationship between judges' selector and court composition provides a new approach to understanding individual and aggregate judicial behavior on mixed selection courts. The study employs statistical methods on original vote and case level data and analyzes legislative histories, cases, and information gleaned from interviews to understand decision-making under this selection method. The study has implications related to how judicial selection and other institutional rules influence policy."--


Item Veto

Item Veto

Author: United States. Congress. House. Committee on the Judiciary

Publisher:

Published: 1958

Total Pages: 158

ISBN-13:

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