Visions of Judicial Review PDF Download

Author: Benjamin Bricker
Publisher:
ISBN: 9781785521478
Category : Political Science
Languages : en
Pages : 176

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Book Description
This book establishes a framework to consider the value of judicial review in modern democracy, grouping answers to this question into one of three main arguments, or 'visions' for judicial review: legalist; rights-protecting; and majoritarian.

Author: Geoffrey R. Stone
Publisher:
ISBN: 019093820X
Category : Biography & Autobiography
Languages : en
Pages : 241

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Book Description
Brown v. Board of Education (1954) -- Mapp v. Ohio (1961) -- Engel v. Vitale (1962) -- Gideon v. Wainwright (1963) -- New York Times v. Sullivan (1964) -- Reynolds v. Sims (1964) -- Griswold v. Connecticut (1965) -- Miranda v. Arizona (1966) -- Loving v. Virginia (1967) -- Katz v. United States (1967) -- Shapiro v. Thompson (1968) -- Brandenburg v. Ohio (1969).

Author: Erin F. Delaney
Publisher: Edward Elgar Publishing
ISBN: 1788110609
Category : Law
Languages : en
Pages : 463

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Book Description
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.

Author: Paolo Sartori
Publisher: BRILL
ISBN: 9004330909
Category : Law
Languages : en
Pages : 408

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Book Description
Visions of Justice offers an exploration of legal consciousness among the Muslim communities of Central Asia from the end of the eighteenth century through the fall of the Russian Empire. Paolo Sartori surveys how colonialism affected the way in which Muslims formulated their convictions about entitlements and became exposed to different notions of morality. Situating his work within a range of debates about colonialism and law, legal pluralism, and subaltern subjectivity, Sartori puts the study of Central Asia on a broad, conceptually sophisticated, comparative footing. Drawing from a wealth of Arabic, Persian, Turkic and Russian sources, this book provides a thoughtful critique of method and considers some of the contrasting ways in which material from Central Asian archives may most usefully be read. Publication in Open Access was made possible by a grant from the Volkswagen Foundation.

Author: Larry Kramer
Publisher: Oxford University Press, USA
ISBN: 9780195306453
Category : History
Languages : en
Pages : 380

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Book Description
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.

Author: Thomas Sowell
Publisher: Basic Books
ISBN: 0465004660
Category : Philosophy
Languages : en
Pages : 308

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Book Description
Thomas Sowell’s “extraordinary” explication of the competing visions of human nature lie at the heart of our political conflicts (New York Times) Controversies in politics arise from many sources, but the conflicts that endure for generations or centuries show a remarkably consistent pattern. In this classic work, Thomas Sowell analyzes this pattern. He describes the two competing visions that shape our debates about the nature of reason, justice, equality, and power: the "constrained" vision, which sees human nature as unchanging and selfish, and the "unconstrained" vision, in which human nature is malleable and perfectible. A Conflict of Visions offers a convincing case that ethical and policy disputes circle around the disparity between both outlooks.

Author: Robert H. Chaires
Publisher: University of North Texas Press
ISBN: 9780966808025
Category : Law
Languages : en
Pages : 300

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Book Description
Star Trek Visions of Law and Justice collects fourteen articles connecting popular media with academic inquiry, illustrating the connections between the future world of Star Trek and current issues in international law, law and justice, and the American legal system. It makes an ideal text to teach students interdisciplinary academic concepts using a familiar, popular media phenomenon.

Author: Christine Landfried
Publisher: Cambridge University Press
ISBN: 1316999084
Category : Law
Languages : en
Pages : 411

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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: Keith E. Whittington
Publisher: University Press of Kansas
ISBN: 0700630368
Category : Political Science
Languages : en
Pages : 432

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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: Philip HAMBURGER
Publisher: Harvard University Press
ISBN: 0674038193
Category : Law
Languages : en
Pages : 705

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Book Description
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.