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Author: Wallace Mendelson Publisher: Iowa State Press ISBN: Category : Law Languages : en Pages : 372
Book Description
This volume contains 30 provocative essays, previously published in political science and law journals, on the abiding problems of American constitutional law. Mendelson organizes them under the headings: "The Judge's Art," "Freedom of Expression," and "The Path of the Law." The book includes thoughts on the American Constitution, the behavior of judges, and other judicial matters, such as James B. Thayer's influence on Holmes, Brandeis and Frankfurter; Justice Hugo Black's distrust of judicial discretion; Justice Douglas' views on the government by the judiciary and on adjudication of constitutional issues; the Bill of Rights; the Fourteenth Amendment; due process of law; and the Equal Rights Amendment. ISBN 0-8138-1047-7 : $21.95.
Author: Wallace Mendelson Publisher: Iowa State Press ISBN: Category : Law Languages : en Pages : 372
Book Description
This volume contains 30 provocative essays, previously published in political science and law journals, on the abiding problems of American constitutional law. Mendelson organizes them under the headings: "The Judge's Art," "Freedom of Expression," and "The Path of the Law." The book includes thoughts on the American Constitution, the behavior of judges, and other judicial matters, such as James B. Thayer's influence on Holmes, Brandeis and Frankfurter; Justice Hugo Black's distrust of judicial discretion; Justice Douglas' views on the government by the judiciary and on adjudication of constitutional issues; the Bill of Rights; the Fourteenth Amendment; due process of law; and the Equal Rights Amendment. ISBN 0-8138-1047-7 : $21.95.
Author: Justin Crowe Publisher: Princeton University Press ISBN: 0691152934 Category : Law Languages : en Pages : 312
Book Description
How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
Author: Yvonne Tew Publisher: Oxford University Press ISBN: 0198716834 Category : Law Languages : en Pages : 273
Book Description
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
Author: Ted Morton Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
In the Senate Reform Reference of 2014, the Supreme Court of Canada declared the Harper government's proposed reforms to the Canadian Senate unconstitutional. The court ruled that the Federal Government could not legislate non-binding, consultative elections for selecting senators, nor legislate term limits for senators without the consent of at least seven of the 10 provinces. It also ruled that abolishing the Senate would require the unanimous consent of all 10 provinces. The court's ruling is widely understood to have put an end to the Senate reform movement of the past three decades and to have constitutionally entrenched the Senate status quo. My analysis criticizes the court for failing to play a constructive role in facilitating the political reform of an institution that has ceased to serve any useful political purpose (other than patronage) and for unnecessarily condemning Canadians to endure this dysfunctional second chamber for at least another generation. In earlier analogous cases of political deadlock and constitutional ambiguity -- the Patriation Reference of 1981 and the Quebec Secession Reference of 1997 -- the court exercised “bold statecraft [if] questionable jurisprudence” to craft compromise rulings that facilitated subsequent resolutions by elected governments. But not in this case. The court could have easily reached a more constructive conclusion following its own “living tree” approach to constitutional interpretation. The court ignored its own “foundational constitutional principles” of democracy and federalism -- values that would be enhanced by provincial Senate elections. Indeed, the court has now given greater constitutional support for secession referendums in Quebec than it has for democratically elected senators. I suggest that there is still an exit strategy for the Harper government out of this judicially created dead end: simply turn the appointment of future senators over to provincial premiers, and let the dynamics of partisan provincial politics push the future selection of senators toward democratic elections.
Author: Justin P. DePlato Publisher: Rowman & Littlefield ISBN: 1498512194 Category : Political Science Languages : en Pages : 103
Book Description
While common-sense attitudes towards the United States Supreme Court have been focused on what decisions they are likely to make, this book aims to focus on the impacts of other politicized elements of the Court. Through statistical modeling and other quantitative analyses, Justin DePlato examines the ability of the presidency and the Senate to influence and shape policy through the Court’s nomination process, docket selection, and judicial retirements. The Court operating as a political institution threatens to affect, where it hasn’t already outright intervened, civil liberties and social issues in the modern era and represents a controversial mechanic in the workings of American statecraft.
Author: J. Robert Moskin Publisher: Macmillan ISBN: 125003745X Category : History Languages : en Pages : 945
Book Description
A "look at the unsung men and women of the U.S. Foreign Service whose dedication and sacrifices have been a crucial part of our history for over two centuries. Fifteen years in the making, veteran journalist and historian Moskin has traveled the globe conducting hundreds of interviews both in and out of the State Department to look behind the scenes at America's 'militiamen of diplomacy'"--
Author: Yehezkel Dror Publisher: Routledge ISBN: 1136706380 Category : History Languages : en Pages : 257
Book Description
"This book provides a comprehensive study of Israeli statecraft, using an interdisciplinary framework to enable an in-depth understanding of its characteristics, challenges, and responses"--
Author: Wallace Mendelson
Author: Wallace Mendelson
Author: Wallace Mendelson
Author: Justin Crowe
Author: Yvonne Tew
Author: Frederick Lee Morton
Author: Ted Morton
Author: Justin P. DePlato
Author: J. Robert Moskin
Author: Yehezkel Dror
Author: Charles Grove Haines