The Mighty Problem of Judicial Review and the Contribution of Comparative Analysis - 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 Mighty Problem of Judicial Review and the Contribution of Comparative Analysis write by Mauro Cappelletti. This book was released on 1980. The Mighty Problem of Judicial Review and the Contribution of Comparative Analysis available in PDF, EPUB and Kindle.
Comparative Judicial Review
Comparative Judicial Review - 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 Comparative Judicial Review write by Erin F. Delaney. This book was released on 2018. Comparative Judicial Review available in PDF, EPUB and Kindle. Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
The Politico-Legal Dynamics of Judicial Review
The Politico-Legal Dynamics of Judicial Review - 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 Politico-Legal Dynamics of Judicial Review write by Theunis Roux. This book was released on 2018-09-06. The Politico-Legal Dynamics of Judicial Review available in PDF, EPUB and Kindle. Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
Judicial Review and Public Policy in Comparative Perspective
Judicial Review and Public Policy in Comparative Perspective - 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 Review and Public Policy in Comparative Perspective write by Donald Wilson Jackson. This book was released on 1990. Judicial Review and Public Policy in Comparative Perspective available in PDF, EPUB and Kindle.
Democracy and Distrust
Democracy and Distrust - 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 Democracy and Distrust write by John Hart Ely. This book was released on 1981-08-15. Democracy and Distrust available in PDF, EPUB and Kindle. 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.
