Download or read book Cleavages Courts and Credible Commitments written by Nickolas E. Jorgensen and published by . This book was released on 2006 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Politicians Confront the Court written by Stephen M. Engel and published by Cambridge University Press. This book was released on 2011-06-13 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politicians have long questioned, or even been openly hostile to, the legitimacy of judicial authority, but that authority seems to have become more secure over time. What explains the recurrence of hostilities and yet the security of judicial power? Addressing this question anew, Stephen Engel points to the gradual acceptance of dissenting views of the Constitution, that is, the legitimacy and loyalty of stable opposition. Politicians' changing perception of the threat posed by opposition influenced how manipulations of judicial authority took shape. Engel's book brings our understanding of these manipulations into line with other developments, such as the establishment of political parties, the acceptance of loyal opposition, the development of different modes of constitutional interpretation and the emergence of rights-based pluralism.
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 Business and the Roberts Court written by Jonathan H. Adler and published by Oxford University Press. This book was released on 2016-06-20 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, prominent academics examine the Roberts Court's handling of business-related cases, through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding of one of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners.
Download or read book Courts and Consociations written by Christopher McCrudden and published by OUP Oxford. This book was released on 2013-02-21 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.
Download or read book Rules Politics and the International Criminal Court written by Yvonne Dutton and published by Routledge. This book was released on 2013-08-21 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new work, Dutton examines the ICC and whether and how its enforcement mechanism influences state membership and the court’s ability to realize treaty goals, examining questions such as: Why did states decide to create the ICC and design the institution with this uniquely strong enforcement mechanism? Will the ICC’s enforcement mechanism be sufficient to hold states accountable to their commitment so that the ICC can realize its goal of ending impunity for genocide, crimes against humanity, and war crimes? Will states view the ICC’s enforcement mechanism as a credible threat and refuse to join unless they already have good domestic human rights practices and institutions that are independent and capable of prosecuting human rights abuses? If states that most need to improve their domestic legal practices as relates to protecting against human rights abuses do not join the court, is there any hope that the threat of punishment by the ICC can play a role in bettering state’s human rights practices and deterring individuals from committing mass atrocities? This work provides a significant contribution to the field, and will be of great interest to students and scholars of international law, international relations, international organizations and human rights.
Download or read book Ideology and International Institutions written by Erik Voeten and published by Princeton University Press. This book was released on 2021-01-12 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can international institutions help create more cooperative and peaceful relations between states? If so, how? And what motivates states to create meaningful institutions in the first place? Though theorists and researchers have approached these questions from different schools of thought, the commonality among them is that institutions are apolitical and their purpose is to assure common gains or develop shared social norms and identities. Institutions succeed if they rise above petty power politics and fail when they succumb to political confrontations. In this book, Erik Voeten offers a new broader understanding of international institutions. Current theories offer conflicting portraits of why IOs form, why the succeed (or not) and their role in current politics. While international institutions can enhance the welfare of participants, they are simultaneously the structural means through which actors try to get what they want, often at the expense of others. Voeten argues that these distributive politics shape institutions and, in turn, institutions shape the conduct of such politics. The book will largely be theoretical, as its purpose is to illustrate an alternative way of understanding institutions rather than to test a specific hypothesis. After developing what the distributive theory of international institutions is, Voeten examines how this theory bears on other understandings of international institutions on a variety of scholarly perspectives, drawing on the extensive work in this area
Download or read book Rule By Law written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2008-05-08 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.
Download or read book The Logic of Political Survival written by Bruce Bueno De Mesquita and published by MIT Press. This book was released on 2005-01-14 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors of this ambitious book address a fundamental political question: why are leaders who produce peace and prosperity turned out of office while those who preside over corruption, war, and misery endure? Considering this political puzzle, they also answer the related economic question of why some countries experience successful economic development and others do not. The authors construct a provocative theory on the selection of leaders and present specific formal models from which their central claims can be deduced. They show how political leaders allocate resources and how institutions for selecting leaders create incentives for leaders to pursue good and bad public policy. They also extend the model to explain the consequences of war on political survival. Throughout the book, they provide illustrations from history, ranging from ancient Sparta to Vichy France, and test the model against statistics gathered from cross-national data. The authors explain the political intuition underlying their theory in nontechnical language, reserving formal proofs for chapter appendixes. They conclude by presenting policy prescriptions based on what has been demonstrated theoretically and empirically.
Download or read book Legitimacy in an Age of Global Politics written by A. Hurrelmann and published by Springer. This book was released on 2007-10-11 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of the lack of plausible alternatives to liberal democracy, the age of globalization has ushered in serious challenges to the democratic legitimacy of the nation state. The contributors in this collection explore the frontiers of normative and empirical legitimacy research, drawing upon a range of key conceptual and methodological issues.
Download or read book The Future of the Voting Rights Act written by Sharyn O’Halloran and published by Russell Sage Foundation. This book was released on 2006-09-21 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Voting Rights Act (VRA) stands among the great achievements of American democracy. Originally adopted in 1965, the Act extended full political citizenship to African-American voters in the United States nearly 100 years after the Fifteenth Amendment first gave them the vote. While Section 2 of the VRA is a nationwide, permanent ban on discriminatory election practices, Section 5, which is set to expire in 2007, targets only certain parts of the country, requiring that legislative bodies in these areas—mostly southern states with a history of discriminatory practices—get permission from the federal government before they can implement any change that affects voting. In The Future of the Voting Rights Act, David Epstein, Rodolfo de la Garza, Sharyn O'Halloran, and Richard Pildes bring together leading historians, political scientists, and legal scholars to assess the role Section 5 should play in America's future. The contributors offer varied perspectives on the debate. Samuel Issacharoff questions whether Section 5 remains necessary, citing the now substantial presence of blacks in legislative positions and the increasingly partisan enforcement of the law by the Department of Justice (DOJ). While David Epstein and Sharyn O'Halloran are concerned about political misuse of Section 5, they argue that it can only improve minority voting power—even with a partisan DOJ—and therefore continues to serve a valuable purpose. Other contributors argue that the achievements of Section 5 with respect to blacks should not obscure shortcomings in the protection of other groups. Laughlin McDonald argues that widespread and systematic voting discrimination against Native Americans requires that Section 5 protections be expanded to more counties in the west. Rodolfo de la Garza and Louis DeSipio point out that the growth of the Latino population in previously homogenous areas and the continued under-representation of Latinos in government call for an expanded Section 5 that accounts for changing demographics. As its expiration date approaches, it is vital to examine the role that Section 5 still plays in maintaining a healthy democracy. Combining historical perspective, legal scholarship, and the insight of the social sciences, The Future of the Voting Rights Act is a crucial read for anyone interested in one of this year's most important policy debates and in the future of civil rights in America.
Download or read book Essays in Malaysian Law written by R. H. Hickling and published by . This book was released on 1991 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Volatile States in International Politics written by Eleonora Mattiacci and published by Oxford University Press. This book was released on 2022-12-09 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth account of why countries' treacherous foreign policies often have harmless origins, how this predicament shapes international politics, and what to do about it. The increasing unpredictability of state behavior in recent world politics is a surprising development. The uncertainty that results intensifies conflict and stymies trust. In Volatile States in International Politics, Eleonora Mattiacci offers the first account of this issue that investigates which states have been volatile and why. Leveraging statistical techniques and archival data in a probing analysis of rivals and allies since the end of World War II, she rejects attempts at dismissing volatility as reflecting mercurial leaders or intractable issues. Instead, Mattiacci explains that a state acts in a volatile manner when its clashing domestic interests leverage power to achieve their goals on the international arena. In demonstrating states' potential for volatile behaviors, she asks us to reconsider how much we really know about change and instability in international politics. When properly understood, she shows, volatile behavior can become less confusing for observers and potentially less dangerous. This book offers novel, evidence-based tools to cope with volatility in the global arena.
Download or read book Polarized and Demobilized written by Dana El Kurd and published by Oxford University Press, USA. This book was released on 2020-01-15 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the 1994 Oslo Accords, Palestinians were hopeful that an end to the Israeli occupation was within reach, and that a state would be theirs by 1999. With this promise, international powers became increasingly involved in Palestinian politics, and many shadows of statehood arose in the territories. Today, however, no state has emerged, and the occupation has become more entrenched. Concurrently, the Palestinian Authority has become increasingly authoritarian, and Palestinians ever more polarized and demobilized. Palestine is not unique in this: international involvement, and its disruptive effects, have been a constant across the contemporary Arab world. This book argues that internationally backed authoritarianism has an effect on society itself, not just on regime-level dynamics. It explains how the Oslo paradigm has demobilized Palestinians in a way that direct Israeli occupation, for many years, failed to do. Using a multi-method approach including interviews, historical analysis, and cutting-edge experimental data, Dana El Kurd reveals how international involvement has insulated Palestinian elites from the public, and strengthened their ability to engage in authoritarian practices. In turn, those practices have had profound effects on society, including crippling levels of polarization and a weakened capacity for collective action.
Download or read book The Origins of Dominant Parties written by Ora John Reuter and published by Cambridge University Press. This book was released on 2017-04-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks why dominant political parties emerge in some authoritarian regimes, but not in others, focusing on Russia's experience under Putin.
Download or read book The Violence of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2024-04-30 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Lawfare' describes the systematic use and abuse of legal procedure for political ends. This provocative book examines this insufficiently understood form of warfare in post-genocide Rwanda, where it contributed to the making of dictatorship. Jens Meierhenrich provides a redescription of Rwanda's daring experiment in transitional justice known as inkiko gacaca. By dissecting the temporally and structurally embedded mechanisms and processes by which change agents in post-genocide Rwanda manoeuvred to create modified legal arrangements of things past, Meierhenrich reveals an unexpected jurisprudence of violence. Combining nomothetic and ideographic reasoning, he shows that the deformation of the gacaca courts – and thus the rise of lawfare in post-genocide Rwanda – was not preordained but the outcome of a violently structured contingency. The Violence of Law tells a disturbing tale and will appeal to scholars, advanced students, and practitioners of international and comparative law, African studies and human rights.
Download or read book Principles of Comparative Politics written by William Roberts Clark and published by CQ Press. This book was released on 2017-02-23 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: William Roberts Clark, Matt Golder, and Sona Nadenichek Golder’s groundbreaking Principles of Comparative Politics offers the most comprehensive and up-to-date introduction to comparative inquiry, research, and scholarship. In this thoroughly revised Third Edition, readers have an even better guide to cross-national comparison and why it matters. Readers are offered a new intuitive take on statistical analyses and a clearer explanation of how to interpret regression results; a thoroughly-revised chapter on culture and democracy that now includes a more extensive discussion of cultural modernization theory and a new overview of survey methods for addressing sensitive topics; and a revised chapter on dictatorships that incorporates a principal-agent framework for understanding authoritarian institutions. Examples from the gender and politics literature have been incorporated into various chapters and empirical examples and data on various types of institutions have been updated. The book's outstanding pedagogy includes more than 250 tables and figures, numerous photos and maps, end of chapter exercises and problem sets, and a broader set of works cited. New to this Edition A new intuitive take on statistical analyses and a clearer explanation of how to interpret regression results are included. A thoroughly-revised chapter on culture and democracy includes a more extensive discussion of cultural modernization theory and a new overview of survey methods for addressing sensitive topics. A revised chapter on dictatorships incorporates a principal-agent framework for understanding authoritarian institutions. Examples from the gender and politics literature have been incorporated into various chapters. Empirical examples and data on various types of institutions have been updated. Online videos and tutorials guide students through some of the methodological components addressed in the book.
