Download or read book Supermajorities in Constitutional Courts written by Mauro Arturo Rivera León and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Constitutional adjudication is a subject of fascination for scholars. Judges may annul the will of a democratically elected Parliament in counter-majoritarian fashion. Although conceived as a remedy of majoritarianism, Judges also decide cases by voting. Whether they do so through simple majorities or supermajorities is not trivial. The debate around supermajorities has awakened anew amidst theories of judicial limitation and new conceptions of judicial review. This book advances our knowledge of systems employing supermajorities in constitutional adjudication by performing a comparative analysis of ten jurisdictions and twelve supermajority models. It introduces a typology of the main models of institutional design, the reasons leading policymakers to establish them, and the impact supermajorities have on courts. It explores the question of whether supermajorities grant deference and foster consensus, or if they disable Constitutional Courts from exercising judicial review. By analyzing the history, practice, and effects of supermajority rules in Courts, this book contributes to an ongoing conversation on the democratic implications of voting protocols in Constitutional Courts. It will be a valuable resource for academics, researchers and policy-makers working in the areas of Comparative Constitutional Law and Constitutional Politics"--
Download or read book Supermajority Voting in Constitutional Courts written by Cristóbal Caviedes and published by Taylor & Francis. This book was released on 2024-08-02 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the wide use of majority rule in many constitutional courts for declaring statutes unconstitutional and argues that these courts should rather perform constitutional review by using supermajority rules. Considering that constitutional courts often tackle hard moral issues, it is questionable whether a bare majority of judges should suffice for settling them, especially considering these courts’ counter-majoritarian nature. Further, the wide use of majority rule for checking the constitutionality of legislation may increasingly risk their reputation. Such a concern is developing in the United States following a series of Supreme Court decisions. This book argues that majority rule is unjustified in constitutional review. This means that, in constitutional review, considering majority rule’s traits, there are no decisive reasons for using this voting rule over other voting rules. Additionally, the book argues that, when checking the constitutionality of legislation, constitutional courts should replace majority rule with supermajority rules. Thus, for declaring statutes unconstitutional, it is argued that more than 50% of the judges present plus one judge present should be needed. This book will be of interest to academics, researchers, and policy-makers working in the areas of Constitutional Law and Politics.
Download or read book The Supermajority written by Michael Waldman and published by Simon and Schuster. This book was released on 2023-06-06 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In The Supermajority, Michael Waldman explores the tumultuous 2021--2022 Supreme Court term. He draws deeply on history to examine other times the Court veered from the popular will, provoking controversy and backlash. And he analyzes the most important new rulings and their implications for the law and for American society. Waldman asks: What can we do when the Supreme Court challenges the country? Over three days in June 2022, the conservative supermajority overturned the constitutional right to abortion, possibly opening the door to reconsider other major privacy rights, as Justice Clarence Thomas urged. The Court sharply limited the authority of the EPA, reducing the prospects for combatting climate change. It radically loosened curbs on guns amid an epidemic of mass shootings. It fully embraced legal theories such as "originalism" that will affect thousands of cases throughout the country. These major decisions--and the next wave to come--will have enormous ramifications for every American. It was the most turbulent term in memory--with the leak of the opinion overturning Roe v. Wade, the first Black woman justice sworn in, and the justices turning on each other in public, Waldman previews the 2022-2023 term and how the brewing fights over the Supreme Court and its role that already have begun to reshape politics." --
Download or read book Morality and Legality of Secession written by Pau Bossacoma Busquets and published by Springer Nature. This book was released on 2019-11-19 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.
Download or read book Quasi Constitutionality and Constitutional Statutes written by Richard Albert and published by Routledge. This book was released on 2019-04-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled 'Forms', is composed of chapters that address, from a theoretical and comparative perspective, questions related to the recognition of constitutional statutes and quasi-constitutional legislation. The second Part is titled 'Functions', and contains chapters that explore the explanatory power of quasi-constitutionality in different institutional contexts. The third Part, titled 'Applications', considers the ways in which constitutional statutes and quasi-constitutionality operate in relation to particular tensions and debates present in various jurisdictions.
Download or read book Originalism and the Good Constitution written by John O. McGinnis and published by Harvard University Press. This book was released on 2013-11-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.
Download or read book Three Generations of European Constitutional Courts in Transition to Democracy written by Francesco Biagi and published by Cambridge University Press. This book was released on 2020-01-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Download or read book Majority Rule and the Judiciary written by William L. Ransom and published by Trieste Publishing. This book was released on 2017-09-12 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trieste Publishing has a massive catalogue of classic book titles. Our aim is to provide readers with the highest quality reproductions of fiction and non-fiction literature that has stood the test of time. The many thousands of books in our collection have been sourced from libraries and private collections around the world.The titles that Trieste Publishing has chosen to be part of the collection have been scanned to simulate the original. Our readers see the books the same way that their first readers did decades or a hundred or more years ago. Books from that period are often spoiled by imperfections that did not exist in the original. Imperfections could be in the form of blurred text, photographs, or missing pages. It is highly unlikely that this would occur with one of our books. Our extensive quality control ensures that the readers of Trieste Publishing's books will be delighted with their purchase. Our staff has thoroughly reviewed every page of all the books in the collection, repairing, or if necessary, rejecting titles that are not of the highest quality. This process ensures that the reader of one of Trieste Publishing's titles receives a volume that faithfully reproduces the original, and to the maximum degree possible, gives them the experience of owning the original work.We pride ourselves on not only creating a pathway to an extensive reservoir of books of the finest quality, but also providing value to every one of our readers. Generally, Trieste books are purchased singly - on demand, however they may also be purchased in bulk. Readers interested in bulk purchases are invited to contact us directly to enquire about our tailored bulk rates.
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2005 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2009-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.
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 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.
