Judicial Activism and Public Authority Compliance - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Activism and Public Authority Compliance write by Jeffrey Kaplan Staton. This book was released on 2002. Judicial Activism and Public Authority Compliance available in PDF, EPUB and Kindle.
Judicial Activism in Bangladesh
Judicial Activism in Bangladesh - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judicial Activism in Bangladesh write by Ridwanul Hoque. This book was released on 2011-01-18. Judicial Activism in Bangladesh available in PDF, EPUB and Kindle. This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
The Judge in a Democracy
The Judge in a Democracy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Judge in a Democracy write by Aharon Barak. This book was released on 2009-01-10. The Judge in a Democracy available in PDF, EPUB and Kindle. Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Radical Deprivation on Trial
Radical Deprivation on Trial - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Radical Deprivation on Trial write by César Rodríguez-Garavito. This book was released on 2015-10-22. Radical Deprivation on Trial available in PDF, EPUB and Kindle. Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Judging Russia
Judging Russia - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging Russia write by Alexei Trochev. This book was released on 2008-04-28. Judging Russia available in PDF, EPUB and Kindle. This is a study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear process with unintended consequences and that courts that depend on their reputation flourish only if an effective and capable state is there to support them. This is because judges can rely only on the authoritativeness of their judgments, unlike politicians and bureaucrats, who have the material resources necessary to respond to judicial decisions. Drawing upon systematic analysis of all decisions of the Russian Court (published and unpublished) and previously unavailable materials on their (non-)implementation, and resting on a combination of the approaches from comparative politics, law, and public administration, this book shows how and why judges attempted to reform Russia's governance and fought to ensure compliance with their judgments.
