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Author: Stefanie Lindqquist
Publisher: Oxford University Press
Published: 2009-04-23
Total Pages: 189
ISBN-13: 0195370856
DOWNLOAD EBOOK'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Author: Martin Belov
Publisher: Routledge
Published: 2021-09-22
Total Pages: 319
ISBN-13: 1000436411
DOWNLOAD EBOOKThis collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Author: Kermit Roosevelt
Publisher: Yale University Press
Published: 2008-01-01
Total Pages: 272
ISBN-13: 0300129564
DOWNLOAD EBOOKConstitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Author: César Rodríguez-Garavito
Publisher: Cambridge University Press
Published: 2015-10-22
Total Pages: 235
ISBN-13: 1107078881
DOWNLOAD EBOOKUsing a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Author: Antonin Scalia
Publisher: Cato Institute
Published: 1985-01-01
Total Pages: 21
ISBN-13: 1937184463
DOWNLOAD EBOOKWith the appointment of William H. Rehnquist as Chief Justice of the United States and Antonin Scalia as associate justice, there is renewed interest in questions of judicial activism and the role of the courts in protecting personal and economic liberties. To further public discussion of these fundamental questions, the Cato Institute is pleased to present this debate between Judge Scalia and Richard A.Epstein, James Parker Hall Professor of Law at the University of Chicago and editor of the Journal of Legal Studies. These papers were originally delivered at the Cato Institute's conference "Economic Liberties and the Judiciary" on October 26,1984, and appeared in the Winter 1985 issue of the Cato Journal.
Author: Peter H. Irons
Publisher:
Published: 1991-09-01
Total Pages:
ISBN-13: 9780029156711
DOWNLOAD EBOOKAuthor: Mátyás Bencze
Publisher: Springer
Published: 2018-08-30
Total Pages: 270
ISBN-13: 3319973169
DOWNLOAD EBOOKThis edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.
Author: Shai Dothan
Publisher: Cambridge University Press
Published: 2015
Total Pages: 351
ISBN-13: 1107031133
DOWNLOAD EBOOKThis book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
Author: J. Harvie Wilkinson
Publisher: OUP USA
Published: 2012-03-12
Total Pages: 174
ISBN-13: 0199846014
DOWNLOAD EBOOKWhat underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Author: Bruno de Witte
Publisher: Edward Elgar Publishing
Published: 2013-01-01
Total Pages: 305
ISBN-13: 0857939408
DOWNLOAD EBOOKÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
