[PDF] The Supreme Court And Constitutional Democracy

The Supreme Court and Constitutional Democracy PDF
Author: John Agresto
Publisher: Cornell University Press
ISBN: 1501712918
Size: 53.19 MB
Format: PDF, ePub
Category : Law
Languages : un
Pages : 192
View: 7254

Get Book


The Supreme Court And Constitutional Democracy

by John Agresto, release date 2016-10-15, The Supreme Court And Constitutional Democracy Books available in PDF, EPUB, Mobi Format. Download The Supreme Court And Constitutional Democracy books, In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.




[PDF] The Supreme Court And Benign Elite Democracy In Japan

The Supreme Court and Benign Elite Democracy in Japan PDF
Author: Hiroshi Itoh
Publisher: Routledge
ISBN: 1317014588
Size: 75.99 MB
Format: PDF, ePub, Docs
Category : Law
Languages : un
Pages : 360
View: 1310

Get Book


The Supreme Court And Benign Elite Democracy In Japan

by Hiroshi Itoh, release date 2016-03-03, The Supreme Court And Benign Elite Democracy In Japan Books available in PDF, EPUB, Mobi Format. Download The Supreme Court And Benign Elite Democracy In Japan books, The Constitution of Japan has served the country for more than half a century, creating and maintaining a stable and functional democratic system. This book innovatively interprets Japanese politics as a ’benign elite democracy’ whilst demonstrating the Supreme Court's vital contribution to the political structure. In The Supreme Court and Benign Elite Democracy in Japan, Hiroshi Itoh presents the first empirical study of judicial decision making under Japan's Constitution. He examines the Supreme Court’s records regarding the protection of civil rights and liberties, the preservation of the conformity of lower levels of laws and regulations to the Constitution, and the maintenance of the Court's relationships to the political branches. The analysis of these three aspects of constitutional litigation reveal how the Supreme Court contributes to the efficacy of constitutional democracy by keeping the system adaptable to the ever-changing environment in and around Japan.




[PDF] Political Foundations Of Judicial Supremacy

Political Foundations of Judicial Supremacy PDF
Author: Keith E. Whittington
Publisher: Princeton University Press
ISBN: 1400827752
Size: 30.57 MB
Format: PDF, Docs
Category : Law
Languages : un
Pages : 320
View: 445

Get Book


Political Foundations Of Judicial Supremacy

by Keith E. Whittington, release date 2009-03-09, Political Foundations Of Judicial Supremacy Books available in PDF, EPUB, Mobi Format. Download Political Foundations Of Judicial Supremacy books, Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.




[PDF] Judicial Politics In Mexico

Judicial Politics in Mexico PDF
Author: Andrea Castagnola
Publisher: Routledge
ISBN: 1315520591
Size: 63.53 MB
Format: PDF
Category : Political Science
Languages : un
Pages : 176
View: 6104

Get Book


Judicial Politics In Mexico

by Andrea Castagnola, release date 2016-11-03, Judicial Politics In Mexico Books available in PDF, EPUB, Mobi Format. Download Judicial Politics In Mexico books, After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.




[PDF] The Supreme Court And Constitutional Democracy

The Supreme Court and Constitutional Democracy PDF
Author: John Agresto
Publisher: Cornell University Press
ISBN: 150171290X
Size: 42.99 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 192
View: 6789

Get Book


The Supreme Court And Constitutional Democracy

by John Agresto, release date 2016-10-15, The Supreme Court And Constitutional Democracy Books available in PDF, EPUB, Mobi Format. Download The Supreme Court And Constitutional Democracy books, In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.




[PDF] Constitutional Courts In Asia

Constitutional Courts in Asia PDF
Author: Albert H. Y. Chen
Publisher: Cambridge University Press
ISBN: 1108168876
Size: 15.56 MB
Format: PDF, Kindle
Category : Law
Languages : un
Pages :
View: 2418

Get Book


Constitutional Courts In Asia

by Albert H. Y. Chen, release date 2018-09-20, Constitutional Courts In Asia Books available in PDF, EPUB, Mobi Format. Download Constitutional Courts In Asia books, The founding of a constitutional court is often an indication of a chosen path of constitutionalism and democracy. It is no coincidence that most of the constitutional courts in East and Southeast Asia were established at the same time as the transition of the countries concerned from authoritarianism to liberal constitutional democracy. This book is the first to provide systematic narratives and analysis of Asian experiences of constitutional courts and related developments, and to introduce comparative, historical and theoretical perspectives on these experiences, as well as debates on the relevant issues in countries that do not as yet have constitutional courts. This volume makes a significant contribution to the systematic and comparative study of constitutional courts, constitutional adjudication and constitutional developments in East and Southeast Asia and beyond.




[PDF] Democratizing Constitutional Law

Democratizing Constitutional Law PDF
Author: Thomas Bustamante
Publisher: Springer
ISBN: 3319283715
Size: 19.20 MB
Format: PDF, ePub
Category : Law
Languages : un
Pages : 328
View: 2027

Get Book


Democratizing Constitutional Law

by Thomas Bustamante, release date 2016-04-19, Democratizing Constitutional Law Books available in PDF, EPUB, Mobi Format. Download Democratizing Constitutional Law books, This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.




[PDF] Overruling Democracy

Overruling Democracy PDF
Author: Jamin B. Raskin
Publisher: Psychology Press
ISBN: 9780415948951
Size: 40.21 MB
Format: PDF, ePub
Category : Political Science
Languages : un
Pages : 290
View: 6376

Get Book


Overruling Democracy

by Jamin B. Raskin, release date 2004, Overruling Democracy Books available in PDF, EPUB, Mobi Format. Download Overruling Democracy books, The Supreme Court has recently issued decisions announcing that citizens have neither a constitutional right to vote, nor the right to an education. Conservative judges have continually disavowed claims to any rights not specifically mentioned in the Constitution. In "Overruling Democracy, " celebrated law professor Jamin B. Raskin, argues that we need to develop a whole new set of rights, through amendments or court decisions, that revitalize and protect the democracy of everyday life. Detailing specific cases through interesting narratives, "Overruling Democracy" describes the transgressions of the Supreme Court against the Constitution and the people - and the faulty reasoning behind them -- and lays out the plan for the best way to back a more democratic system.




[PDF] Israel As A Constitutional Democracy The Constitutional Revolution And The High Court Of Justice In The Political System Of Israel

Israel as a Constitutional Democracy  The  Constitutional Revolution  and the High Court of Justice in the Political System of Israel PDF
Author: Johannes Müller
Publisher: GRIN Verlag
ISBN: 3638680177
Size: 25.47 MB
Format: PDF
Category :
Languages : un
Pages : 68
View: 7312

Get Book


Israel As A Constitutional Democracy The Constitutional Revolution And The High Court Of Justice In The Political System Of Israel

by Johannes Müller, release date 2007-07, Israel As A Constitutional Democracy The Constitutional Revolution And The High Court Of Justice In The Political System Of Israel Books available in PDF, EPUB, Mobi Format. Download Israel As A Constitutional Democracy The Constitutional Revolution And The High Court Of Justice In The Political System Of Israel books, Master's Thesis from the year 2004 in the subject Politics - International Politics - Region: Near East, Near Orient, grade: 1,0, University of London (School of Oriental and African Studies), course: Political Systems of the Modern Middle East (SOAS), 127 entries in the bibliography, language: English, comment: This dissertation discusses the role of the Israeli High Court of Justice within the political system of Israel after the enactment of two Basic Laws in 1992. The main thesis is that the power of the court has been much overestimated. In particular, the large assumptions connected to the 'constitutional revolution' that many saw in the enactment of the 1992 laws must be refuted. This paper argues that the alleged 'revolution' was a myth, and that fundamentally nothing much has changed., abstract: This dissertation discusses the role of the Israeli High Court of Justice within the political system of Israel after the enactment of two Basic Laws in 1992. The main thesis is that the power of the court has been much overestimated. In particular, the large assumptions connected to the 'constitutional revolution' that many saw in the enactment of the 1992 laws must be refuted. This paper argues that the alleged 'revolution' was a myth, and that fundamentally nothing much has changed. The political system largely remained untouched by the 1992 laws. This dissertation defines the role of the court as a mediator between particularistic and universal values rather than promoting universal human rights, or protecting minority rights. In fact, the role of the High Court must be regarded as stabilizing an essentially undemocratic system by legitimising government policies and by supporting a discourse that maintains the democratic facade of the system. The enactment of a constitution has not been promoted by Chief Justice Barak's activism, and indeed has made the enactment of a constitution much less likely.




[PDF] The Supreme Court Versus The Constitution

The Supreme Court Versus the Constitution PDF
Author: Pran Chopra
Publisher: SAGE
ISBN: 9780761934455
Size: 24.46 MB
Format: PDF, Kindle
Category : Law
Languages : un
Pages : 287
View: 7071

Get Book


The Supreme Court Versus The Constitution

by Pran Chopra, release date 2006, The Supreme Court Versus The Constitution Books available in PDF, EPUB, Mobi Format. Download The Supreme Court Versus The Constitution books, Presented in the form of a debate to which each contributor brings his own particular expertise and point of view—and offers possible solutions—this very readable book constitutes the first full-length discussion of a major issue in contemporary India. Editor Pran Chopra argues that a great deal is at stake in this situation, including the dynamics of federalism, which makes India possible; the role of the Constitution in holding the polity together; and the future of parliamentary democracy in India. Written against this background, the essays in this volume—contributed by some of India’s best-known parliamentarians, jurists, constitutional experts, scholars, administrators, and journalists—present a many-sided discussion of this crucial issue.