Judicial Review in an Age of Moral Pluralism PDF Download
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Author: Ronald C. Den Otter
Publisher: Cambridge University Press
ISBN: 0521762049
Category : Law
Languages : en
Pages : 357
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Book Description
This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.
Author: Ronald C. Den Otter
Publisher: Cambridge University Press
ISBN: 0521762049
Category : Law
Languages : en
Pages : 357
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Book Description
This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.
Author: Scott E. Lemieux
Publisher: Routledge
ISBN: 1351602128
Category : Political Science
Languages : en
Pages : 296
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Book Description
For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.
Author: Paul Schiff Berman
Publisher:
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133
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Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author: Charles Taylor
Publisher: Cambridge University Press
ISBN: 9780521437424
Category : Philosophy
Languages : en
Pages : 296
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Book Description
This is the first comprehensive evaluation of Charles Taylor's work and a major contribution to leading questions in philosophy and the human sciences as they face an increasingly pluralistic age. Charles Taylor is one of the most influential contemporary moral and political philosophers: in an era of specialisation he is one of the few thinkers who has developed a comprehensive philosophy which speaks to the conditions of the modern world in a way that is compelling to specialists in various disciplines. This collection of specially commissioned essays brings together twelve distinguished scholars from a variety of fields to discuss critically Taylor's work. The topics range from the history of philosophy, to truth, modernity and postmodernity, theism, interpretation, the human sciences, liberalism, pluralism and difference. Taylor responds to all the contributions and re-articulates his own views.
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: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 178052871X
Category : Law
Languages : en
Pages : 168
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Book Description
This special issue of Studies in Law, Politics, and Society focuses on the discourse of judging and the "language of judging" within many diverse legal scenarios. The volume features chapters specifically on: the "language of rights" within the context of abortion and same-sex marriage cases; discourses within the European Court of Justice; the mod
Author: Ronald C. Den Otter
Publisher: Cambridge University Press
ISBN: 1107087716
Category : Law
Languages : en
Pages : 371
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Book Description
This book outlines the constitutional argument in favor of plural marriage in the United States.
Author: Elizabeth Brake
Publisher: Oxford University Press
ISBN: 0191089710
Category : Law
Languages : en
Pages : 369
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Book Description
This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law. Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice. The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.
Author: Adrienne Stone
Publisher:
ISBN: 019882758X
Category : Law
Languages : en
Pages : 609
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Book Description
Explores the key rationales and principles that underpin our understanding of free speech, Provides a comprehensive overview of freedom of speech as a legal principle in national and supranational settings, This volume is divided into three parts, with part one outlining the history of the idea of the freedom of speech. Part two discusses freedom of speech as a legal principle and part three surveys the key controversies in its application. Book jacket.
Author: Wojciech Sadurski
Publisher: Oxford University Press
ISBN: 0192869671
Category : Law
Languages : en
Pages : 417
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Book Description
Public reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance of leading 'exemplars of public reasons', including the top courts of the United States, India, Canada, Australia, Germany, and South Africa, as well as the European Court of Human Rights. It also attempts to show how this performance can be improved in fields such as freedom of expression, non-establishment of religion, and anti-discrimination law. Ultimately, it finds that the best resonance between the ideal of public reason and constitutional interpretation is found in doctrines that locate the illegitimacy of laws in the wrongful motives (or purposes) pursued by legislators. Scrutinising motives is often as important as scrutinising consequences.
