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Author: Paola Ugolini
Publisher: University of Toronto Press
ISBN: 1487505442
Category : History
Languages : en
Pages : 310
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Book Description
The Court and Its Critics focuses on the disillusionment with courtliness, the derision of those who live at court, and the open hostility toward the court, themes common to Renaissance culture.
Author: Paola Ugolini
Publisher: University of Toronto Press
ISBN: 1487505442
Category : History
Languages : en
Pages : 310
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Book Description
The Court and Its Critics focuses on the disillusionment with courtliness, the derision of those who live at court, and the open hostility toward the court, themes common to Renaissance culture.
Author: Spyridon Flogaitis
Publisher: Edward Elgar Publishing
ISBN: 178254612X
Category : Political Science
Languages : en
Pages : 241
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Book Description
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
ISBN: 0226726681
Category : Political Science
Languages : en
Pages : 541
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Book Description
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Author: Kermit Roosevelt
Publisher: Yale University Press
ISBN: 0300129564
Category : Law
Languages : en
Pages : 272
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Book Description
Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Author: Kevin J. McMahon
Publisher: University of Chicago Press
ISBN: 0226561216
Category : Political Science
Languages : en
Pages : 358
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Book Description
Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.
Author: W. J. Waluchow
Publisher: Cambridge University Press
ISBN: 1139462814
Category : Philosophy
Languages : en
Pages : 7
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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: David Sedley
Publisher: Univ of California Press
ISBN: 9780520934368
Category : Philosophy
Languages : en
Pages : 300
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Book Description
The world is configured in ways that seem systematically hospitable to life forms, especially the human race. Is this the outcome of divine planning or simply of the laws of physics? Ancient Greeks and Romans famously disagreed on whether the cosmos was the product of design or accident. In this book, David Sedley examines this question and illuminates new historical perspectives on the pantheon of thinkers who laid the foundations of Western philosophy and science. Versions of what we call the "creationist" option were widely favored by the major thinkers of classical antiquity, including Plato, whose ideas on the subject prepared the ground for Aristotle's celebrated teleology. But Aristotle aligned himself with the anti-creationist lobby, whose most militant members—the atomists—sought to show how a world just like ours would form inevitably by sheer accident, given only the infinity of space and matter. This stimulating study explores seven major thinkers and philosophical movements enmeshed in the debate: Anaxagoras, Empedocles, Socrates, Plato, the atomists, Aristotle, and the Stoics.
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: Robert A. Dahl
Publisher: Yale University Press
ISBN: 9780300153552
Category : Political Science
Languages : en
Pages : 414
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Book Description
In this prize-winning book, one of the most prominent political theorists of our time makes a major statement about what democracy is and why it is important. Robert Dahl examines the most basic assumptions of democratic theory, tests them against the questions raised by its critics, and recasts the theory of democracy into a new and coherent whole. He concludes by discussing the directions in which democracy must move if advanced democratic states are to exist in the future. “When Robert Dahl speaks about democracy, everyone should listen. With Democracy and Its Critics Dahl has produced a work destined to become another classic.”—Lucian W. Pye, American Political Science Review “In this magisterial work [Dahl]… describe[s] what democracy means…; why our own democracy is still deeply flawed; and how we could reform it…. A work of extraordinary intelligence and, what is even rarer, a work of extraordinary wisdom.”—Robert N. Bellah, New York Times Book Review
Author: Linda Greenhouse
Publisher: Random House
ISBN: 059344793X
Category : Political Science
Languages : en
Pages : 337
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Book Description
The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us.
