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Author: Patricia J. Woods
Publisher: SUNY Press
ISBN: 1438462077
Category : Law
Languages : en
Pages : 270
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Book Description
Chronicles the conflict between religious and secular forces in Israel. In Judicial Power and National Politics, Second Edition, Patricia J. Woods returns to an issue that has only grown in relevance since the first editions publication in 2008: the religious-secular conflict in Israel. The first edition focused on the role that courts and justices play in deeply charged political battles. In the last quarter of the twentieth century, social groups turned to the judicial arm of the state in an effort to force the state to change its laws and policies on religious personal status law, or family law. Through an extensive case study of the interactions of the womens movement with the High Court of Justice, Woods argues that the most important determining factor explaining when, why, and how national courts enter into the world of divisive politics is found in the intellectual or judicial communities with whom justices live, work, and think about the law. The interaction among members of this community over time culminates in new legal norms. This second edition takes into account what has happened in the past decade, with public debate over religion and the state moving away from the court and into the realm of popular politicson the Knesset floor, in the media, in shopping malls, and on the streets. Included for the first time is the dataset for the authors national survey of womens movement volunteers.
Author: Patricia J. Woods
Publisher: State University of New York Press
ISBN: 1438462085
Category : Political Science
Languages : en
Pages : 270
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Book Description
In Judicial Power and National Politics, Second Edition, Patricia J. Woods returns to an issue that has only grown in relevance since the first edition's publication in 2008: the religious-secular conflict in Israel. The first edition focused on the role that courts and justices play in deeply charged political battles. In the last quarter of the twentieth century, social groups turned to the judicial arm of the state in an effort to force the state to change its laws and policies on religious personal status law, or family law. Through an extensive case study of the interactions of the women's movement with the High Court of Justice, Woods argues that the most important determining factor explaining when, why, and how national courts enter into the world of divisive politics is found in the intellectual or judicial communities with whom justices live, work, and think about the law. The interaction among members of this community over time culminates in new legal norms. This second edition takes into account what has happened in the past decade, with public debate over religion and the state moving away from the court and into the realm of popular politics—on the Knesset floor, in the media, in shopping malls, and on the streets. Included for the first time is the dataset for the author's national survey of women's movement volunteers.
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: Nancy Staudt
Publisher: University of Chicago Press
ISBN: 0226771148
Category : Law
Languages : en
Pages : 212
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Book Description
Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.
Author: Benjamin G. Engst
Publisher: Springer Nature
ISBN: 3030460169
Category : Political Science
Languages : en
Pages : 255
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Book Description
This book shows that constitutional courts exercise direct and indirect power on political branches through decision-making. The first face of judicial power is characterized by courts directing political actors to implement judicial decisions in specific ways. The second face leads political actors to anticipate judicial review and draft policies accordingly. The judicial–political interaction originating from both faces is herein formally modeled. A cross-European comparison of pre-conditions of judicial power shows that the German Federal Constitutional Court is a well-suited representative case for a quantitative assessment of judicial power. Multinomial logistic regressions show that the court uses directives when evasion of decisions is costly while accounting for the government’s ability to implement decisions. Causal analyses of the second face of judicial power show that bills exposed to legal signals are drafted accounting for the court. These findings re-shape our understanding of judicialization and shed light on a silent form of judicialization.
Author: William Lasser
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 372
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Book Description
Limits of Judicial Power: The Supreme Court in American Politics
Author: Timothy O. Lenz
Publisher: University Press of Florida
ISBN: 1616102195
Category : Political Science
Languages : en
Pages : 525
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Book Description
This exciting new book explores the role of government, politics, and policy in American lives. Full of real life applications and scenarios, this text encourages and enables political thinking. The second edition has been updated to include recent developments in U.S. politics and government. This includes the description and analysis of the 2016 elections as well as the early Trump administration. Chapters have expanded coverage of immigration policy, environmental policy, economic policy, and global affairs (including counterterrorism policy). The text also includes analysis of racial issues in contemporary American politics and law. It also addresses questions about the state of the economy, jobs, and wages. Hyperlinks and URLs provide "deeper dives" into various topics and examples of comparative politics.
Author: Stanley I. Kutler
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 178
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Book Description
Author: James MacGregor Burns
Publisher:
ISBN: 9781410419729
Category : Judges
Languages : en
Pages : 0
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Book Description
For decades, James MacGregor Burns has been one of the great masters of the study of power and leadership in America. Now he turns his eye to an institution of government that he believes has become more powerful, and more partisan, than the founding fathers ever intended. Much as we would like to believe that the Court remains aloof from ideological politics, Packing the Court reveals how often justices behave like politicians in robes.
Author: Jesse H. Choper
Publisher: Quid Pro Books
ISBN: 1610271718
Category : Political Science
Languages : en
Pages : 441
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Book Description
As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Author: Robert H. Jackson
Publisher: New York : A.A. Knopf
ISBN:
Category : Constitutional history
Languages : en
Pages : 400
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Book Description
Robert H. Jackson, published this book while serving as Attorney General of the United States. In it, Jackson traces the rise and fall of the influence of the Supreme Court of the United States, of its changes in make-up, in numbers, of its reversal of itself, of the dangers of judicial supremacy, when it closed its eyes to ""peaceful and democratic conciliation of our social and economic conflicts"". He then examines the response--President Franklin Roosevelt's 1937 effort to resist judicial expansionism through "Court-packing" legislation.
