Download or read book Judicial Dictatorship written by William J. Quirk and published by Routledge. This book was released on 2017-07-05 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: American society has undergone a revolution within a revolution. Until the 1960s, America was a liberal country in the traditional sense of legislative and executive checks and balances. Since then, the Supreme Court has taken on the role of the protector of individual rights against the will of the majority by creating, in a series of decisions, new rights for criminal defendants, atheists, homosexuals, illegal aliens, and others. Repeatedly, on a variety of cases, the Court has overturned the actions of local police or state laws under which local officials are acting. The result, according to Quirk and Birdwell, is freedom for the lawless and oppression for the law abiding. 'Judicial Dictatorship' challenges the status quo, arguing that in many respects the Supreme Court has assumed authority far beyond the original intent of the Founding Fathers. In order to avoid abuse of power, the three branches of the American government were designed to operate under a system of checks and balances. However, this balance has been upset. The Supreme Court has become the ultimate arbiter in the legal system through exercise of the doctrine of judicial review, which allows the court to invalidate any state or federal law it considers inconsistent with the constitution. Supporters of judicial review believe that there has to be a final arbiter of constitutional interpretation, and the Judiciary is the most suitable choice. Opponents, Thomas Jefferson and Abraham Lincoln among them, believed that judicial review assumes the judicial branch is above the other branches, a result the Constitution did not intend. The democratic paradox is that the majority in America agreed to limit its own power. Jefferson believed that the will of the majority must always prevail. His faith in the common man led him to advocate a weak national government, one that derived its power from the people. Alexander Hamilton, often Jefferson's adversary, lacking such faith, feared "the amazing violence and turbulence of the democratic spirit." This led him to believe in a strong national government, a social and economic aristocracy, and finally, judicial review. This conflict has yet to be resolved. 'Judicial Dictatorship' discusses the issue of who will decide if government has gone beyond its proper powers. That issue, in turn, depends on whether the Jeffersonian or Hamiltonian view of the nature of the person prevails. In challenging customary ideological alignments of conservative and liberal doctrine, 'Judicial Dictatorship' will be of interest to students and professionals in law, political scientists, and those interested in U.S. history.
Download or read book Ending Judicial Dictatorship written by Patrick Joseph Buchanan and published by . This book was released on 1996 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Dictatorship written by William J. Quirk and published by Transaction Pub. This book was released on 1995 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: American society has undergone a revolution within a revolution. Until the 1960s, America was a liberal country in the traditional sense of legislative and executive checks and balances. Since then, the Supreme Court has taken on the role of the protector of individual rights against the will of the majority by creating, in a series of decisions, new rights for criminal defendants, atheists, homosexuals, illegal aliens, and others. Repeatedly, on a variety of cases, the Court has overturned the actions of local police or state laws under which local officials are acting. The result, according to Quirk and Birdwell, is freedom for the lawless and oppression for the law abiding. Judicial Dictatorship challenges the status quo, arguing that in many respects the Supreme Court has assumed authority far beyond the original intent of the Founding Fathers. In order to avoid abuse of power, the three branches of the American government were designed to operate under a system of checks and balances. However, this balance has been upset. The Supreme Court has become the ultimate arbiter in the legal system through exercise of the doctrine of judicial review, which allows the court to invalidate any state or federal law it considers inconsistent with the constitution. Supporters of judicial review believe that there has to be a final arbiter of constitutional interpretation, and the Judiciary is the most suitable choice. Opponents, Thomas Jefferson and Abraham Lincoln among them, believed that judicial review assumes the judicial branch is above the other branches, a result the Constitution did not intend. The democratic paradox is that the majority in America agreed to limit its own power. Jefferson believed that the will of the majority must always prevail. His faith in the common man led him to advocate a weak national government, one that derived its power from the people. Alexander Hamilton, often Jefferson's adversary, lacking such faith, feared "the amazing violence and turbulence of the democratic spirit." This led him to believe in a strong national government, a social and economic aristocracy, and finally, judicial review. This conflict has yet to be resolved. Judicial Dictatorship discusses the issue of who will decide if government has gone beyond its proper powers. That issue, in turn, depends on whether the Jeffersonian or Hamiltonian view of the nature of the person prevails. In challenging customary ideological alignments of conservative and liberal doctrine, Judicial Dictatorship will be of interest to students and professionals in law, political scientists, and those interested in U.S. history.
Download or read book Courts Under Constraints written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2012-07-19 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of how institutional instability affects judicial behavior under dictatorship and democracy.
Download or read book The Specter of Dictatorship written by David M. Driesen and published by Stanford University Press. This book was released on 2021-07-20 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.
Download or read book The Political Foundations of Judicial Independence in Dictatorship and Democracy written by Brad Epperly and published by Oxford University Press. This book was released on 2019-09-26 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that explaining judicial independence-considered the fundamental question of comparative law and politics-requires a perspective that spans the democracy/autocracy divide. Rather than seeking separate explanations in each regime context, in The Political Foundations of Judicial Independence in Dictatorship and Democracy, Brad Epperly argues that political competition is a salient factor in determining levels of de facto judicial independence across regime type, and in autocracies a factor of far greater import. This is because a full " account of independence requires looking not only at the likelihood those in power might lose elections but also the variable risks associated with such an outcome, risks that are far higher for autocrats. First demonstrating that courts can and do provide insurance to former leaders, he then shows via exhaustive cross-national analyses that competition's effects are far higher in autocratic regimes, providing the first evidence for the causal nature of the relationship. Epperly argues that these findings differ from existing case study research because in democratic regimes, a lack of political competition means incumbents target the de jure independence of courts. This argument is illustrated via in-depth case study of the Hungarian Constitutional Court after the country's 2010 " and then tested globally. Blending formal theory, observational and instrumental variables models, and elite interviews of leading Hungarian legal scholars and judges, Epperly offers a new framework for understanding judicial independence that integrates explanations of both de jure and de facto independence in both democratic and autocratic regimes.
Download or read book Truth and Partial Justice in Argentina written by Juan E. Méndez and published by Human Rights Watch. This book was released on 1987 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Taking the Constitution Away from the Courts written by Mark Tushnet and published by Princeton University Press. This book was released on 2000-07-24 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
Download or read book Philippine Materials in International Law written by Raul C Pangalangan and published by BRILL. This book was released on 2021-11-15 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.
Download or read book Judges and Generals in the Making of Modern Egypt written by Mahmoud Hamad and published by Cambridge University Press. This book was released on 2018-10-25 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses why and how the Egyptian judiciary was critically important in bringing down two vastly different regimes in three years.
Download or read book Can Courts be Bulwarks of Democracy written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Download or read book Justice and Memory After Dictatorship written by Raluca Grosescu and published by Oxford University Press. This book was released on 2024-01-18 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Memory after Dictatorship: Latin America, Eastern Europe and the Fragmentation of International Criminal Law provides a ground-breaking socio-historical account of the global transformation of international criminal law after the fall of dictatorships at the end of the 1980s.
Download or read book The Oxford Handbook of Comparative Politics written by Carles Boix and published by Oxford Handbooks Online. This book was released on 2007 with total page 1035 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbooks of Political Science is a ten-volume set of reference books offering authoritative and engaging critical overviews of the state of political science. Each volume focuses on a particular part of the discipline, with volumes on Public Policy, Political Theory, Political Economy, Contextual Political Analysis, Comparative Politics, International Relations, Law and Politics, Political Behavior, Political Institutions, and Political Methodology. The project as a whole is under the General Editorship of Robert E. Goodin, with each volume being edited by a distinguished international group of specialists in their respective fields. The books set out not just to report on the discipline, but to shape it. The series will be an indispensable point of reference for anyone working in political science and adjacent disciplines. The Oxford Handbook of Comparative Politics offers a critical survey of the field of empirical political science through the collection of a set of chapters written by forty-seven top scholars in the discipline of comparative politics. Part I includes chapters surveying the key research methodologies employed in comparative politics (the comparative method; the use of history; the practice and status of case-study research; the contributions of field research) and assessing the possibility of constructing a science of comparative politics. Parts II to IV examine the foundations of political order: the origins of states and the extent to which they relate to war and to economic development; the sources of compliance or political obligation among citizens; democratic transitions, the role of civic culture; authoritarianism; revolutions; civil wars and contentious politics. Parts V and VI explore the mobilization, representation and coordination of political demands. Part V considers why parties emerge, the forms they take and the ways in which voters choose parties. It then includes chapters on collective action, social movements and political participation. Part VI opens up with essays on the mechanisms through which political demands are aggregated and coordinated. This sets the agenda to the systematic exploration of the workings and effects of particular institutions: electoral systems, federalism, legislative-executive relationships, the judiciary and bureaucracy. Finally, Part VII is organized around the burgeoning literature on macropolitical economy of the last two decades.
Download or read book The Most Activist Supreme Court in History written by Thomas M. Keck and published by University of Chicago Press. This book was released on 2010-02-15 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Download or read book Challenged Justice In Pursuit of Judicial Independence written by Shimon Shetreet and published by BRILL. This book was released on 2021-08-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Download or read book How Dictatorships Work written by Barbara Geddes and published by Cambridge University Press. This book was released on 2018-08-23 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how dictatorships rise, survive, and fall, along with why some but not all dictators wield vast powers.
Download or read book Constitutional Dialogue written by Geoffrey Sigalet and published by Cambridge University Press. This book was released on 2019-05-02 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
