Judicial Power

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Release : 2019-02-07
Genre : Law
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Book Rating : 084/5 ( reviews)

Judicial Power - 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 Power write by Christine Landfried. This book was released on 2019-02-07. Judicial Power available in PDF, EPUB and Kindle. 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.

The Two Faces of Judicial Power

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Release : 2021-04-17
Genre : Political Science
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Book Rating : 169/5 ( reviews)

The Two Faces of Judicial Power - 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 Two Faces of Judicial Power write by Benjamin G. Engst. This book was released on 2021-04-17. The Two Faces of Judicial Power available in PDF, EPUB and Kindle. This book shows that constitutional courts exercise direct and indirect power on political branches through decision-making. The first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways. The second face leads political actors to anticipate judicial review and draft policies accordingly. The judicial–political interaction originating from both faces is herein formally modeled. A cross-European comparison of pre-conditions of judicial power shows that the German Federal Constitutional Court is a well-suited representative case for a quantitative assessment of judicial power. Multinomial logistic regressions show that the court uses directives when evasion of decisions is costly while accounting for the government’s ability to implement decisions. Causal analyses of the second face of judicial power show that bills exposed to legal signals are drafted accounting for the court. These findings re-shape our understanding of judicialization and shed light on a silent form of judicialization.

Packing the Court

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Release : 2009-06-25
Genre : Political Science
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Book Rating : 902/5 ( reviews)

Packing the Court - 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 Packing the Court write by James Macgregor Burns. This book was released on 2009-06-25. Packing the Court available in PDF, EPUB and Kindle. From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

The Limits of Judicial Power

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Release : 2017-10-01
Genre : Political Science
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Book Rating : 462/5 ( reviews)

The Limits of Judicial Power - 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 Limits of Judicial Power write by William Lasser. This book was released on 2017-10-01. The Limits of Judicial Power available in PDF, EPUB and Kindle. Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Judicial Power in a Globalized World

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Release : 2019-08-21
Genre : Law
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Book Rating : 447/5 ( reviews)

Judicial Power in a Globalized World - 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 Power in a Globalized World write by Paulo Pinto de Albuquerque. This book was released on 2019-08-21. Judicial Power in a Globalized World available in PDF, EPUB and Kindle. This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.