Download or read book Judicial Review in an Objective Legal System written by Tara Smith and published by Cambridge University Press. This book was released on 2015-07-30 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
Download or read book Judicial Review and the Law of the Constitution written by Sylvia Snowiss and published by Yale University Press. This book was released on 1990-01-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
Download or read book The Nature of Supreme Court Power written by Matthew E. K. Hall and published by Cambridge University Press. This book was released on 2013-09-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power. Matthew E. K. Hall finds that the Court tends to exercise power successfully when lower courts can directly implement its rulings; however, when the Court must rely on non-court actors to implement its decisions, its success depends on the popularity of those decisions. Overall, this theory depicts the Court as a powerful institution, capable of exerting significant influence over social change.
Download or read book The Nature of Judicial Review written by Harry H. Wellington and published by . This book was released on 1981 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by . This book was released on 1921 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.
Download or read book Judicial Review in the Contemporary World written by Mauro Cappelletti and published by MICHIE. This book was released on 1971 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.
Download or read book The Doctrine of Judicial Review written by Edward S. Corwin and published by Routledge. This book was released on 2017-07-05 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states' rights. Another concerns the Pelatiah Webster Myth the notion that the US Constitution was the work of a single person.In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court to review acts of Congress. "We, the People" examines the rights of states in relation to secession and nullification. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the constitution. "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties.Matthew J. Franck's new introduction to this centennial edition situates Corwin's career in the history of judicial review both as a concept and as a political reality.
Download or read book Law and Judicial Duty written by Philip Hamburger and published by Harvard University Press. This book was released on 2008-11 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hamburger traces the early history of what is today called “judicial review.” The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.
Download or read book Judicial Review and Judicial Power in the Supreme Court written by Kermit L. Hall and published by Routledge. This book was released on 2014-07-22 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Download or read book The Rise of Modern Judicial Review written by Christopher Wolfe and published by Rowman & Littlefield Publishers. This book was released on 1994-03-29 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Download or read book The Reign of Law written by Paul W. Kahn and published by Yale University Press. This book was released on 1997-01-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first major work to apply to the rule of law the insights of modern cultural theory, ranging from Clifford Geertz to Michel Foucault. Starting from Thomas Paine's observation that "in America, law is king," Paul Kahn asks: What are the elements of our belief in the rule of law? And what are the rhetorical techniques by which the courts maintain this belief? Kahn centers his exploration on the 1803 Supreme Court case of Marbury v. Madison - still the greatest of our constitutional cases. Kahn shows that Marbury is the judicial response to President Thomas Jefferson's belief that his election represented a Second American Revolution. Kahn uses the confrontation between president and Court to analyze the contrasting ways in which the revolutionary and the legal imaginations understand and give shape to political events. This contest continues today in the conflicting demands we make for a politics that preserves the past yet celebrates popular innovation.
Download or read book The German Federal Constitutional Court written by Matthias Jestaedt and published by Oxford University Press. This book was released on 2020-03-05 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.
Download or read book A Common Law Theory of Judicial Review written by W. J. Waluchow and published by Cambridge University Press. This book was released on 2006-12-25 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Download or read book Judicial Review and Strategic Behaviour written by Josephine De Jaegere and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the Constitutional Court of Belgium, the approach of this book is to combine normative ideas on how the Court should act with an empirical case law analysis. It explores the extent to which the Court performs as a deliberative institution, while operating within a consensual political system.
Download or read book Judicial Review in State Supreme Courts written by Laura Langer and published by State University of New York Press. This book was released on 2012-02-01 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.
