Author: Keith E. Whittington Publisher: University Press of Kansas ISBN: 0700630368 Category : Political Science Languages : en Pages : 432
Book Description
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Author: W. J. Waluchow Publisher: Cambridge University Press ISBN: 1139462814 Category : Philosophy Languages : en Pages : 7
Book Description
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Author: Christine Landfried Publisher: Cambridge University Press ISBN: 1316999084 Category : Law Languages : en Pages : 411
Book Description
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.
Author: Christopher Wolfe Publisher: Rowman & Littlefield Publishers ISBN: 1461645468 Category : Philosophy Languages : en Pages : 463
Book Description
This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Author: Alexander Hamilton Publisher: Read Books Ltd ISBN: 1528785878 Category : History Languages : en Pages : 420
Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: Mark Anthony Robinson Publisher: ISBN: 9780455234113 Category : Administrative law Languages : en Pages : 854
Book Description
Judicial Review The Laws of Australia acquaints practitioners and students with the principles of Judicial Review in Australia. It is an encyclopaedic and practical work whichcovers judicial review of administrative decisions at the state, territory and federal levels.
Author: Allan R. Brewer-Carías Publisher: Cambridge University Press ISBN: 0521492025 Category : Law Languages : en Pages : 450
Book Description
This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
Author: Mark Tushnet Publisher: Princeton University Press ISBN: 1400828155 Category : Political Science Languages : en Pages : 288
Book Description
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Author: Christopher Karaiye Publisher: Notion Press ISBN: 1645871754 Category : Law Languages : en Pages : 694
Book Description
This is a compendium of administrative law and judicial review in Papua New Guinea. In this book the author precisely recounts the history of the development of administrative law and judicial review in England and some other common law jurisdictions. The main theme of the book is, however, devoted to judicial review in Papua New Guinea. The practice and procedure for appealing from the decision of the National Court in judicial review are unique and onerous. This book evaluates them in detail to give the readers a complete sense of reference. The interlocutory procedures encapsulated in this book are also relevant for any proceeding before the courts. At the end of various chapters, the author makes some insightful and thought-provoking commentaries on gaps found in judicial review. The book is an authoritative text for lawyers, law students, academia, judicial officers and other interested persons alike. It is a must read for lawyers and law students who seek to be familiar with the often cumbersome judicial review procedures and practices. For students and scholars in other disciplines who aim to learn and abreast themselves of how administrative law affects administrative action and public policy, this book is a perfect choice. The book dissects complex administrative law concepts and enables lay persons, including those in the public service, to fully understand and apply them. The book is a valuable resource material for the Pacific Island countries like Fiji, Vanuatu and Solomon Islands, who have adopted the common law legal systems similar to Papua New Guinea. BOOK REVIEWS “The author collates, culls and compiles one important material for use by judicial officers and practitioners in the area of judicial review.” – Leslie Mamu, LL.B, Acting Public Solicitor, Papua New Guinea, 18 February 2018, Port Moresby, PNG “This welcome new book by Christopher Karaiye is essential reading for all lawyers practising in the busy area of Judicial Review in PNG and also students of the topic. It is a well-researched and presented work and will be a worthy addition to my administrative law library.” – Terry Lambert, LL.B, LL.M, Barrister (Queensland, Australia), Lawyer (PNG), Solicitor (England & Wales), 7 June 2018, Brisbane, Australia “The book “Administrative Law and Judicial Review in Papua New Guinea” is a must read for lawyers and public alike involved in the judicial review of administrative decisions. The book contains a comprehensive guide to an increasingly important yet quite complex area of law. The author draws from his own experience and research to make this important contribution to the development of Papua New Guinea’s expanding judicial review jurisprudence. This work is essential reading to understand the nuances involved in this area of law.” – Dr Vergil Narokobi, LL.B, LL.M, Ph.D, Counsel for the Papua New Guinea Ombudsman Commission & President of Papua New Guinea Law Society, 25 June 2018, Port Moresby, PNG “This work is of very high quality and would be a very valuable tool for judges, magistrates, lawyers, the academia, and people in decision-making positions in the public and the private sectors. I recommend the book to them. I am impressed with your comprehensive use of local case precedents and in-depth knowledge of the topics.” – Honourable Sir Gibbs Salika, KBE CSM OBE, Deputy Chief Justice of Papua New Guinea (as he then was), 4 July 2018, Port Moresby, PNG “An extensive, thought-provoking and easy to read compendium that makes accessible the law of Papua New Guinea on the topic of judicial review in its many guises.” – Emeritus Professor Tony Angelo (Victoria University of Wellington), QC, 7 October 2018, Wellington, New Zealand
Author: Edwin Carawan Publisher: JHU Press ISBN: 1421439506 Category : History Languages : en Pages : 323
Book Description
The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.
Author: Keith E. Whittington
Author: W. J. Waluchow
Author: Christine Landfried
Author: Christopher Wolfe
Author: Alexander Hamilton
Author: Mark Anthony Robinson
Author: Allan R. Brewer-Carías
Author: Mark Tushnet
Author: Christopher Karaiye
Author: Edwin Carawan