Download or read book Judicial Review and the National Political Process written by Jesse H. Choper and published by . This book was released on 1983 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review and the National Political Process written by Jesse H. Choper and published by Quid Pro Books. This book was released on 2013-05-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Download or read book Federal Courts in the Political Process written by Jack Walter Peltason and published by . This book was released on 1967 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The People Vs the Courts written by Mathew Manweller and published by Academica Press,LLC. This book was released on 2005 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research monograph analyses and describes how initiative elites react to the high level of judicial review of their successfully passed ballot measures and why those reactions are failing to decrease the number of judicial nullifications. For the last 30 years, state ballot measures that have passed and been challenged in court have been nullified at the ration of 1 out of 2. As a result of a 50% rate of nullification initiative elites have benefited from institutional learning and have become more sophisticated and politically savvy. However the nullification have hardly plummeted. The work explains why and posits other legal and political actions that may be possible for the ballot winners and their supporters.
Download or read book The Doctrine of Judicial Review Its Legal and Historical Basis and Other Essays written by Edward Samuel Corwin and published by . This book was released on 1914 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Birth of Judicial Politics in France written by Alec Stone Sweet and published by Oxford University Press, USA. This book was released on 1992 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French Constitutional Council, a quasi-judicial body created at the dawn of the Fifth Republic, functioned in relative obscurity for almost two decades until its emergence in the 1980s as a pivotal actor in the French policymaking process. Alec Stone focuses on how this once docile institution, through its practice of constitutional review, has become a meaningfully autonomous actor in the French political system. After examining the formal prohibition against judicial review in France, Stone illustrates how politicians and the Council have collaborated over the course of the last decade, often unintentionally and in the service of contradictory agendas, to significantly enhance Council's power. While the Council came to function as a third house of Parliament, the legislative work of the government and Parliament was meaningfully "juridicized." Through a discussion of broad theoretical issues, Stone then expands the scope of his analysis to the politics of constitutional review in Germany, Spain, and Austria.
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 503 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 Judicial Review and American Democracy written by Albert P. Melone and published by Beard Books. This book was released on 2004-09 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an attempt to assess the Supreme Court's role in shaping constitutional law, this book examines the issues of whether judicial review is a usurpation of power and whether it is compatible with democratic theory.
Download or read book The Supreme Court and Judicial Review written by Robert Kenneth Carr and published by Greenwood. This book was released on 1970 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Download or read book Judicial Review and the Reasonable Doubt Test written by Sanford Byron Gabin and published by Kennikat Press. This book was released on 1980 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text focuses on the legal history and constitutional law relating to judicial review and the reasonable doubt test.
Download or read book Judicial Activism written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1997 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
Download or read book Democracy and Distrust written by John Hart Ely and published by . This book was released on 1980-02-19 with total page 292 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 Judicial Review and Democracy written by Howard Edward Dean and published by . This book was released on 1966 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courts Judges and Politics written by Charles Herman Pritchett and published by . This book was released on 1979 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Supreme Court on Trial written by David Listokin and published by Routledge. This book was released on 2017-07-12 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although it was written at a time of national self-criticism, The Supreme Court on Trial remains a classic examination of the place of the Supreme Court in the American political system. When originally published, the American people were engaged in a severe examination of their basic commitments, their way of life, and the direction they appeared to be going. The contemporary literature--over the air, in newspaper editorials and columns, in books and articles--was heavy with protest, admonition, and exhortation. Although the times are different, the issues raised in this volume continue to be important. The American system exalts the American citizen as common man, with claims to the dignity of citizens, and pleas for securing their civil rights. At the same time, citizens are criticized for their cultural provincialism, fear of intellectual endeavor, and adoption of conformity. Political institutions are not immune from such evaluations. We have created Hoover commissions to study the national administrative system; the Electoral College has been the subject of persistent scrutiny since World War II. There have been demands for reconstitution of our state lawmaking bodies. What links the concerns current at the time of original publication of this volume and concerns today most obviously are deep concern we now display for the character and quality of our public school curriculum and for the administrative structure which maintains and manages our schools. The role of the Supreme Court in these concerns is evident. The purpose of the book is to examine critically the place of the Supreme Court in our political system and to improve the public understanding of what the Supreme Court does, how its acts have been received, and how its way of influencing public policy is related to other methods of making public policy.
Download or read book Judicial Review of Elections in Asia written by Po Jen Yap and published by Routledge. This book was released on 2016-04-14 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes. By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics.
