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Author: Robert H. Bork
Publisher: Vintage Canada
ISBN: 030736853X
Category : Law
Languages : en
Pages : 181
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Book Description
Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
Author: Robert H. Bork
Publisher: Vintage Canada
ISBN: 030736853X
Category : Law
Languages : en
Pages : 181
Get Book Here
Book Description
Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
Author: Paul Sharp
Publisher: Xulon Press
ISBN: 159781850X
Category :
Languages : en
Pages : 418
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Book Description
The sharks have devoured justice. Lawyers and judges are rewriting all the rules--for their own benefit. Every citizen needs to know what's wrong with the U.S. legal system and how it can be fixed. (Social Issues)
Author: John Harmon McElroy
Publisher: Rowman & Littlefield
ISBN: 9780742550810
Category : History
Languages : en
Pages : 282
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Book Description
American culture is on life-support. Beginning in the 1960s a generation of activists twisted and bent long-held American beliefs into an ideology of blame and political correctness-weakening and disrupting the nation. As John Harmon McElroy powerfully demonstrates, the counter-culture has become pervasive, with devastating results. He shows how we neglect to educate our children and call it "teaching self esteem;" how we assail the worth of America and call it respecting "diversity;" and how we refuse to take responsibility for our lives and call it "social justice." In tracing the roots and impact of the counter-culture's rejection of historical American beliefs, McElroy powerfully defends the bedrock principles of responsible individualism, practical improvement, and equal freedom under God.
Author: Kerry L. Hunter
Publisher: Lexington Books
ISBN: 0739190830
Category : Law
Languages : en
Pages : 175
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Book Description
By reminding readers that early Supreme Court justices refused to reduce the Constitution to a mere legal document, Approaching the U.S. Constitution provides a definitive response to Reading Law by Antonin Scalia and Bryan Garner. Turning to the vision of Alexander Hamilton found in Federalists No. 78, Hunter argues that rather than seeing the judiciary as America’s legal guardian, Hamilton looked to independent individuals of integrity on the judiciary to be the nation’s collective conscience. For Hamilton, the judiciary’s authority over the legislature does not derive from positive law but is extra-legal by 'design' and is purely moral. By emphasizing the legal expertise of judges alone, individuals such as Justice Scalia mistakenly demand that judges exercise no human ethical judgment whatsoever. Yet the more this happens, the more the “rule of law” is replaced by the rule of lawyers. Legal sophistry becomes the primary currency wherewith society’s ethical and moral questions are resolved. Moreover, the alleged neutrality of legal analysis is deceptive with its claims of judicial modesty. It is not only undemocratic, it is dictatorial and highly elitist. Public debate over questions of fairness is replaced by an exclusive legalistic debate between lawyers over what is legal. The more Scalia and Garner realize their agenda, the more all appeals to what is moral will be effectively removed from political debate. 'Conservatives' lament the 'removing God from the classroom,' by 'liberals,' yet if the advocates of legalism get their way, God will be effectively removed from the polis altogether. The answer to preserving both separation of powers and the American commitment to unalienable human rights is to view the Supreme Court in the same way early founders such as Hamilton did and in the way President Abraham Lincoln urged. The Court’s most important function in exercising the power of judicial review is to serve as the nation’s conscience just as it did in Brown v. Board of Education.
Author: Robert H. Bork
Publisher: ISI Books
ISBN:
Category : Law
Languages : en
Pages : 762
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Book Description
Judge Bork has gathered together his most important and prophetic writings in this volume that features more than 60 of the legal scholar's contributions on topics ranging from President Nixon to St. Thomas More, from abortion to antitrust policy, and from civil liberties to natural law.
Author:
Publisher:
ISBN:
Category : Religions
Languages : en
Pages : 838
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Book Description
Author: Robert H. Bork
Publisher: Simon and Schuster
ISBN: 1684516587
Category : Political Science
Languages : en
Pages : 637
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Book Description
Since at least 1971, when he published a seminal article on constitutional interpretation in the Indiana Law Journal, Robert Bork has been the legal and moral conscience of America, reminding us of our founding principles and their cultural foundation. The scourge of liberal ideologues both before and after Ronald Reagan nominated him for the Supreme Court in 1987, Bork has for fifty years unwaveringly exposed—and explained—the hypocrisy and dereliction of duty endemic among our nation's elites, the politicization and adversary activism of our courts, and the consequent degradation of American society. Now, for the first time, Judge Bork has gathered together his most important and prophetic writings in A Time to Speak, including a foreword and commentary by the author. The volume includes more than sixty vintage Bork contributions on topics ranging from President Nixon to St. Thomas More, from abortion to antitrust policy, and from civil liberties to natural law. It also includes several of his judicial opinions and transcribed oral arguments. A Time to Speak is an indispensable book for all who have harkened to the truths spoken so forthrightly, in season and out, by this great American original.
Author: Kent Roach
Publisher: McGill-Queen's Press - MQUP
ISBN: 077352584X
Category : History
Languages : en
Pages : 281
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Book Description
The author examines the consequences of September 11 in Canada, including : an assessment of anti-terrorism measures such as the Anti-terrorism Act; the Smart Border agreement; Canadian participation in the war in Afghanistan; changes to refugee policy; the 2001 Security Budget; and the proposed Public Safety Act. He also looks at opposition the Anti-terrorism Act, warns that exceptions to legal principles made to fight terrorism may spread to attempts to combat other crimes, and suggests that Canadian law may not provide adequate protection against invasions of privacy, or discriminatory profiling of people as potential terrorists. Other topics covered include : the challenge September 11 presents for Canadian sovereignty on key components of foreign, military, and immigration policy; the possibility that Canadian Forces participated in violations of international law in Afghanistan; the threat of nuclear and biological terrorism; and aviation safety.
Author: Carlos Isler Soto
Publisher: Springer Nature
ISBN: 3662680688
Category : Philosophy
Languages : en
Pages : 215
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Book Description
The present book verses on the current discussion, between authors writing within the Thomistic tradition, on the issue of human rights, and pretends to adjudicate that discussion. The positions of authors who are critical of the notion of human rights, like Michel Villey and Alasdair MacIntyre, as well as that of those who try to justify their existence and explain their nature, like Jacques Maritain, John Finnis, and others, are carefully explained and evaluated. This book is the first to deal in detail with this contemporary discussion and therefore represents an important contribution to the bibliography on the philosophy of human rights, as well as to the bibliography on the Thomistic tradition.
Author: Björn Dressel
Publisher: Routledge
ISBN: 0415674107
Category : Law
Languages : en
Pages : 258
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Book Description
Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.
