Courts Under Constraints PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Courts Under Constraints PDF full book. Access full book title Courts Under Constraints by Gretchen Helmke. Download full books in PDF and EPUB format.
Author: Gretchen Helmke
Publisher: Cambridge University Press
ISBN: 1107405203
Category : History
Languages : en
Pages : 243
Get Book Here
Book Description
This book is a study of how institutional instability affects judicial behavior under dictatorship and democracy.
Author: Gretchen Helmke
Publisher: Cambridge University Press
ISBN: 1107405203
Category : History
Languages : en
Pages : 243
Get Book Here
Book Description
This book is a study of how institutional instability affects judicial behavior under dictatorship and democracy.
Author: Michael A. Bailey
Publisher: Princeton University Press
ISBN: 1400840260
Category : Law
Languages : en
Pages : 232
Get Book Here
Book Description
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.
Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
ISBN: 0226726681
Category : Political Science
Languages : en
Pages : 541
Get Book Here
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: Shai Dothan
Publisher: Cambridge University Press
ISBN: 1107031133
Category : Law
Languages : en
Pages : 351
Get Book Here
Book Description
This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
Author: E. W. Thomas
Publisher: Cambridge University Press
ISBN: 9781139446983
Category : Law
Languages : en
Pages : 448
Get Book Here
Book Description
In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
Author: Brandon L. Bartels
Publisher: Cambridge University Press
ISBN: 1107188415
Category : Law
Languages : en
Pages : 321
Get Book Here
Book Description
Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.
Author: Jeffrey A. Segal
Publisher: Cambridge University Press
ISBN: 9780521789714
Category : Law
Languages : en
Pages : 484
Get Book Here
Book Description
Two leading scholars of the Supreme Court explain and predict its decision making.
Author: Jack Goldsmith
Publisher: W. W. Norton & Company
ISBN: 0393083519
Category : Political Science
Languages : en
Pages : 337
Get Book Here
Book Description
The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.
Author: Xiaodong Yang
Publisher: Cambridge University Press
ISBN: 0521844010
Category : Law
Languages : en
Pages : 941
Get Book Here
Book Description
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author: Jeffrey K. Staton
Publisher: Cambridge University Press
ISBN: 1316516733
Category : Law
Languages : en
Pages : 173
Get Book Here
Book Description
This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
