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Author: Theunis Roux
Publisher: Cambridge University Press
ISBN: 1108670474
Category : Law
Languages : en
Pages : 389
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Book Description
Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
Author: Theunis Roux
Publisher: Cambridge University Press
ISBN: 1108670474
Category : Law
Languages : en
Pages : 389
Get Book Here
Book Description
Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
Author: Daniel M. Brinks
Publisher: Cambridge University Press
ISBN: 1107178363
Category : Law
Languages : en
Pages : 281
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Book Description
Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Author: Jacco Bomhoff
Publisher: Cambridge University Press
ISBN: 1107044413
Category : Law
Languages : en
Pages : 289
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Book Description
A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.
Author: Samuel Issacharoff
Publisher: Cambridge University Press
ISBN: 1107038707
Category : Law
Languages : en
Pages : 311
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Book Description
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Author: Rehan Abeyratne
Publisher: Cambridge University Press
ISBN: 1108887996
Category : Law
Languages : en
Pages : 361
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Book Description
In Towering Judges: A Comparative Study of Constitutional Judges, Rehan Abeyratne and Iddo Porat lead an exploration of a new topic in comparative constitutional law: towering judges. The volume examines the work of nineteen judges from fourteen jurisdictions, each of whom stood out individually among their fellow judges and had a unique impact on the trajectory of constitutional law. The chapters ask: what makes a towering judge; what are the background conditions that foster or deter the rise of towering judges; are towering judges, on balance, positive or detrimental for constitutional systems; how do towering judges differ from one jurisdiction to another; how do political and historical developments relate to this phenomenon; and how does all of this fit within global constitutionalism? The answers to these questions offer important insight into how these judges were able to shine to an uncommon degree in a profession where individualism is not always looked on favourably.
Author: Bård A. Andreassen
Publisher: Edward Elgar Publishing
ISBN: 1803922613
Category : Political Science
Languages : en
Pages : 413
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Book Description
In this thoroughly revised second edition editors Bård A. Andreassen, Claire Methven O’Brien and Hans-Otto Sano advance contemporary discussions on human rights methodology, bringing together an array of leading scholars to offer instruction and guidance on the methodological approaches to human rights research.
Author: Edward B. Foley
Publisher: Wolters Kluwer
ISBN: 9781454892700
Category : Law
Languages : en
Pages : 0
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Book Description
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Election Law and Litigation: The Judicial Regulation of Politics
Author: Moeen Cheema
Publisher: Cambridge University Press
ISBN: 1108831885
Category : Law
Languages : en
Pages : 289
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Book Description
Presents a deeply contextualized account of public law and judicial review in Pakistan.
Author: Steven Blockmans
Publisher: Edward Elgar Publishing
ISBN: 1785364081
Category : European Union countries
Languages : en
Pages : 559
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Book Description
In times of rapid change and unpredictability the European Union’s role in the world is sorely tested. How successfully the EU meets challenges such as war, terrorism and climate change, and how effectively the Union taps into opportunities like mobility and technological progress depends to a great extent on the ability of the EU’s institutions and member states to adopt and implement a comprehensive and integrated approach to external action. This Research Handbook examines the law, policy and practice of the EU’s Common Foreign and Security Policy, including the Common Security and Defence, and gauges its interactions with the other external policies of the Union (including trade, development, energy), as well as the evolving political and economic challenges that face the European Union.
Author: Lydia Tiede
Publisher: Cambridge University Press
ISBN: 1009079220
Category : Law
Languages : en
Pages : 325
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Book Description
How does the selection of judges influence the work they do in important constitutional courts? Does mixed judicial selection, which allows more players to choose judges, result in a court that is more independent and one that can check powerful executives and legislators? Existing literature on constitutional courts tends to focus on how judicial behaviour is motivated by judges' political preferences. Lydia Brashear Tiede argues for a new approach, showing that, under mixed selection, institutions choose different types of judges who represent different approaches to constitutional adjudication and thus have different propensities for striking down laws. Using empirical evidence from the constitutional courts of Chile and Colombia, this book develops a framework for understanding the factors, external and internal to courts, which lead individual judges, as well as the courts in which they work, to veto a law.
