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Author: Richard Hodder-Williams
Publisher: Bowerdean Publishing Company
ISBN: 9780906097397
Category : Law
Languages : en
Pages : 134
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Book Description
The rise to prominence of judges may seem new to Europeans but it is of course not new to the citizens of the United States of America. 150 years ago Alexis de Tocqueville observed that there was scarcely a question which divided the American people that did not end up in the Supreme Court for resolution. Anybody interested in the interplay between the judicial and political functions of a contemporary democracy must take a good look at the United States. This book does just that. It examines how this has taken place over the last half century and asks why it has happened. It discusses the role of men like Lord Denning in Britain or Earl Warren in the United States, who had the strength of character and self-belief to challenge old orthodoxies and help usher in new values and expectations. The shifting balance between the judicial and the political institutions of government is important because it reflects important changes in our political systems. This book is intended to set the debate in a context which is readily comprehensible to any interested and intelligent citizen.
Author: Richard Hodder-Williams
Publisher: Bowerdean Publishing Company
ISBN: 9780906097397
Category : Law
Languages : en
Pages : 134
Get Book
Book Description
The rise to prominence of judges may seem new to Europeans but it is of course not new to the citizens of the United States of America. 150 years ago Alexis de Tocqueville observed that there was scarcely a question which divided the American people that did not end up in the Supreme Court for resolution. Anybody interested in the interplay between the judicial and political functions of a contemporary democracy must take a good look at the United States. This book does just that. It examines how this has taken place over the last half century and asks why it has happened. It discusses the role of men like Lord Denning in Britain or Earl Warren in the United States, who had the strength of character and self-belief to challenge old orthodoxies and help usher in new values and expectations. The shifting balance between the judicial and the political institutions of government is important because it reflects important changes in our political systems. This book is intended to set the debate in a context which is readily comprehensible to any interested and intelligent citizen.
Author: Walter F. Murphy
Publisher: McGraw-Hill Humanities, Social Sciences & World Languages
ISBN:
Category : Law
Languages : en
Pages : 804
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Book Description
This classic reader has been a best selling component to the Judicial Process/Judicial Politics/American Legal System course for years. Now thoroughly updated while retaining the features that made it attractive for so long: organization, structure, coverage, narrative, choice of excerpts, and flexibility in use, Lee Epstein and Walter Murphy continue the tradition of this book.
Author: Harry P. Stumpf
Publisher: Harcourt College Pub
ISBN: 9780155023406
Category : Law
Languages : en
Pages : 494
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Book Description
KEY BENEFIT: This book on the American judicial system encourages readers to seriously consider the way we think about law, politics, and society. Providing the most extensive study of jurisprudence available, it offers important perspectives for understanding how and why law works the way it does in the American political context; succinctly presents the main currents of contemporary legal thought for an in-depth study of American law and courts; endeavors to cover each and every significant subject, issue, and research area common to the subfield of law and courts in contemporary American political science; and contains exceptionally through documentation throughout. It describes and analyzes key elements of the judicial process, including the selection of judges at both the state and federal levels; the history and structure of the American judicial system; the trial process in both civil and criminal courts, the implementation of judicial decisions; and the role of the judiciary in American politics and society. It also adds material on feminist jurisprudence, racial theory, and the "new constitutive" view of law, and includes the latest findings and figures on caseflow in the U.S. Supreme Court, law school enrollments, crime statistics, and more. For political scientists, lawyers, and those interested in the American government and constitutional law.
Author: Christine Landfried
Publisher: Cambridge University Press
ISBN: 1108425666
Category : Law
Languages : en
Pages : 411
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Book Description
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400827043
Category : Law
Languages : en
Pages : 355
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Book Description
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Author: David Rudenstine
Publisher: Oxford University Press
ISBN: 0199381488
Category : Law
Languages : en
Pages : 345
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Book Description
"Rudenstine's [book] traces the [Supreme] Court's role in the rise of judicial deference to executive power since the end of World War II. He [posits that], in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary"--
Author: Nancy L. Maveety
Publisher: University of Michigan Press
ISBN: 0472024205
Category : Law
Languages : en
Pages : 446
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Book Description
In The Pioneers of Judicial Behavior, prominent political scientists critically examine the contributions to the field of public law of the pioneering scholars of judicial behavior: C. Hermann Pritchett, Glendon Schubert, S. Sidney Ulmer, Harold J. Spaeth, Joseph Tanenhaus, Beverly Blair Cook, Walter F. Murphy, J. Woodward Howard, David J. Danelski, David Rohde, Edward S. Corwin, Alpheus Thomas Mason, Robert G. McCloskey, Robert A. Dahl, and Martin Shapiro. Unlike past studies that have traced the emergence and growth of the field of judicial studies, The Pioneers of Judicial Behavior accounts for the emergence and exploration of three current theoretical approaches to the study of judicial behavior--attitudinal, strategic, and historical-institutionalist--and shows how the research of these foundational scholars has contributed to contemporary debates about how to conceptualize judges as policy makers. Chapters utilize correspondence of and interviews with some early scholars, and provide a format to connect the concerns and controversies of the first political scientists of law and courts to contemporary challenges and methodological debates among today's judicial scholars. The volume's purpose in looking back is to look forward: to contribute to an ecumenical research agenda on judicial decision making, and, ultimately, to the generation of a unified, general theory of judicial behavior. The Pioneers of Judicial Behavior will be of interest to graduate students in the law and courts field, political scientists interested in the philosophy of social science and the history of the discipline, legal practitioners and researchers, and political commentators interested in academic theorizing about public policy making. Nancy L. Maveety is Associate Professor of Political Science, Tulane University.
Author: Raoul Berger
Publisher: Studies in Jurisprudence and L
ISBN: 9780865971448
Category : Law
Languages : en
Pages : 0
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Book Description
It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004257810
Category : Law
Languages : en
Pages : 600
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Book Description
The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.
Author: Peter Joyce
Publisher: Teach Yourself
ISBN: 1444131974
Category : Political Science
Languages : en
Pages : 211
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Book Description
This book is a complete introduction to politics and the workings of government, Focusing on the institutions of government and the political systems operating in liberal democratic states, it will give you an understanding of the operations of these political systems, the key political themes and the differences that exist between them. Using contemporary examples from all over the world, this title is essential reading for all those who want to know more about our world today. NOT GOT MUCH TIME? One, five and ten-minute introductions to key principles to get you started. AUTHOR INSIGHTS Lots of instant help with common problems and quick tips for success, based on the author's many years of experience. TEST YOURSELF Tests in the book and online to keep track of your progress. EXTEND YOUR KNOWLEDGE Extra online articles at www.teachyourself.com to give you a richer understanding of psychology. FIVE THINGS TO REMEMBER Quick refreshers to help you remember the key facts. TRY THIS Innovative exercises illustrate what you've learnt and how to use it.
