The Two Faces of Judicial Power

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Author :
Release : 2020-11-15
Genre : Political Science
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Book Rating : 150/5 ( 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 2020-11-15. 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.

The Two Faces of Judicial Power

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Author :
Release : 2021-04-17
Genre : Political Science
Kind :
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.

The Two Faces of Judicial Power

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Author :
Release : 2018
Genre :
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Book Rating : /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 2018. The Two Faces of Judicial Power available in PDF, EPUB and Kindle.

The Two Faces of American Freedom

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Release : 2014-04-07
Genre : History
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Book Rating : 552/5 ( reviews)

The Two Faces of American Freedom - 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 American Freedom write by Aziz Rana. This book was released on 2014-04-07. The Two Faces of American Freedom available in PDF, EPUB and Kindle. The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.

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.