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Author: Christine Landfried
Publisher: Cambridge University Press
ISBN: 1316999084
Category : Law
Languages : en
Pages : 411
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Book Description
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author: Christine Landfried
Publisher: Cambridge University Press
ISBN: 1316999084
Category : Law
Languages : en
Pages : 411
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Book Description
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author: Poul F. Kjaer
Publisher: Cambridge University Press
ISBN: 1108493114
Category : Law
Languages : en
Pages : 423
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Book Description
"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Author: Andrea Castagnola
Publisher: Routledge
ISBN: 1315520591
Category : Political Science
Languages : en
Pages : 208
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Book Description
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.
Author: Philippe Nonet
Publisher: Routledge
ISBN: 1351509586
Category : Law
Languages : en
Pages : 237
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Book Description
Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.
Author: United States. Congressional-Executive Commission on China
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 48
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Book Description
Author: Kathryn Stoner
Publisher: JHU Press
ISBN: 1421408775
Category : Political Science
Languages : en
Pages : 456
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Book Description
Fifteen case studies by scholars and practitioners demonstrate the synergy between domestic and international influences that can precipitate democratic transitions. As demonstrated by current events in Tunisia and Egypt, oppressive regimes are rarely immune to their citizens’ desire for democratic government. Of course, desire is always tempered by reality; therefore how democratic demands are made manifest is a critical source of study for both political scientists and foreign policy makers. What issues and consequences surround the fall of a government, what type of regime replaces it, and to what extent are these efforts successful? Kathryn Stoner and Michael McFaul have created an accessible book of fifteen case studies from around the world that will help students understand these complex issues. Their model builds upon Guillermo O’Donnell, Philippe C. Schmitter, and Laurence Whitehead's classic work, Transitions from Authoritarian Rule, using a rubric of four identifying factors that can be applied to each case study, making comparison relatively easy. Transitions to Democracy yields strong comparisons and insights. For instance, the study reveals that efforts led by the elite and involving the military are generally unsuccessful, whereas mass mobilization, civic groups, and new media have become significant factors in supporting and sustaining democratic actors. This collection of writings by scholars and practitioners is organized into three parts: successful transitions, incremental transitions, and failed transitions. Extensive primary research and a rubric that can be applied to burgeoning democracies offer readers valuable tools and information.
Author: Kieran McEvoy
Publisher: Cambridge University Press
ISBN: 0521853982
Category : Law
Languages : en
Pages : 437
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Book Description
Studies what lawyers do in challenging contexts of conflict, authoritarianism, and the transition from violence.
Author: Fanie du Toit
Publisher: Oxford University Press
ISBN: 0190881879
Category : Political Science
Languages : en
Pages : 449
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Book Description
The peaceful end of apartheid in South Africa was a monumental event in late twentieth century history. A racist regime built upon a foundation of colonialist exploitation, South Africa had become by that point a tinderbox: suffused with day-to-day violence and political extremism on all sides. Yet two decades later it was a stable democracy with a growing economy. How did such a deeply divided, conflicted society manage this remarkable transition? In When Political Transitions Work, Fanie du Toit, who has been a participant and close observer in post-conflict developments throughout Africa for decades, offers a new theory for why South Africa's reconciliation worked and why its lessons remain relevant for other nations emerging from civil conflicts. He uses reconciliation as a framework for political transition and seeks to answer three key questions: how do the reconciliation processes begin; how can political transitions result in inclusive and fair institutional change; and to what extent does reconciliation change the way a society functions? Looking at South Africa, one of reconciliation's most celebrated cases, du Toit shows that the key ingredient to successful reconciliations is acknowledging the centrality of relationships. He further develops his own theoretical approach to reconciliation-as-interdependence-the idea that reconciliation is the result of an integrated process of courageous leadership, fair and inclusive institutions, and social change built toward a mutual goal of prosperity. As du Toit conveys, the motivation for reconciliation is the long-term well-being of one's own community, as well as that of enemy groups. Without ensuring the conditions in which one's enemy can flourish, one's own community is unlikely to prosper sustainably.
Author: Eliza Garnsey
Publisher: Cambridge University Press
ISBN: 1108494390
Category : Law
Languages : en
Pages : 249
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Book Description
Drawing on novel case studies, this book provides the first substantive theoretical framework for understanding transitional justice and visual art.
Author: Morton J. HORWITZ
Publisher: Harvard University Press
ISBN: 0674038789
Category : Law
Languages : en
Pages : 378
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Book Description
In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
