The Power Of Judges

Author: Carlo Guarnieri
Publisher: Oxford University Press on Demand
ISBN: 9780198298359
Size: 59.98 MB
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This text argues that certain elements affect the political significance of judicial decisions: Firstly, the status of judges; secondly, the organization of the judicial system including such things as the existence of judicial review of legislation and the structure of trials.

The Judge As Political Theorist

Author: David Robertson
Publisher: Princeton University Press
ISBN: 9781400836871
Size: 38.97 MB
Format: PDF
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The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.

Theory And Method In Socio Legal Research

Author: Reza Banakar
Publisher: Bloomsbury Publishing
ISBN: 1847316913
Size: 57.67 MB
Format: PDF
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Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.

Interpreting Constitutions

Author: Jeffrey Denys Goldsworthy
Publisher: Oxford University Press
ISBN: 0199274134
Size: 44.23 MB
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This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

Routledge Handbook Of Comparative Political Institutions

Author: Jennifer Gandhi
Publisher: Routledge
ISBN: 1317551796
Size: 63.74 MB
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The Routledge Handbook of Comparative Political Institutions (HCPI) is designed to serve as a comprehensive reference guide to our accumulated knowledge and the cutting edge of scholarship about political institutions in the comparative context. It differs from existing handbooks in that it focuses squarely on institutions but also discusses how they intersect with the study of mass behaviour and explain important outcomes, drawing on the perspective of comparative politics. The Handbook is organized into three sections: The first section, consisting of six chapters, is organized around broad theoretical and empirical challenges affecting the study of institutions. It highlights the major issues that emerge among scholars defining, measuring, and analyzing institutions. The second section includes fifteen chapters, each of which handles a different substantive institution of importance in comparative politics. This section covers traditional topics, such as electoral rules and federalism, as well as less conventional but equally important areas, including authoritarian institutions, labor market institutions, and the military. Each chapter not only provides a summary of our current state of knowledge on the topic, but also advances claims that emphasise the research frontier on the topic and that should encourage greater investigation. The final section, encompassing seven chapters, examines the relationship between institutions and a variety of important outcomes, such as political violence, economic performance, and voting behavior. The idea is to consider what features of the political, sociological, and economic world we understand better because of the scholarly attention to institutions. Featuring contributions from leading researchers in the field from the US, UK, Europe and elsewhere, this Handbook will be of great interest to all students and scholars of political institutions, political behaviour and comparative politics. Jennifer Gandhi is Associate Professor, Department of Political Science, Emory University. Rubén Ruiz-Rufino is Lecturer in International Politics, Department of Political Economy, King’s College London.

Comparative Constitutional Law

Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Size: 63.58 MB
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This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

The Oxford Handbook Of Comparative Constitutional Law

Author: Michel Rosenfeld
Publisher: Oxford University Press
ISBN: 0199578613
Size: 60.29 MB
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The field of comparative constitutional law is vast and diverse, international and interdisciplinary. The first single source of reference on the topic, the entries in Handbook are written by leading authorities and discuss the most important subjects in the field, covering the history and development of the discipline, core concepts, structure and interpretations, institutions, rights, and emerging trends. It is an invaluable resource for everyone in the field.

The Oxford Handbook Of Law And Politics

Author: Keith E. Whittington
Publisher: OUP Oxford
ISBN: 0191615064
Size: 80.58 MB
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The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Judicial Review Socio Economic Rights And The Human Rights Act

Author: Ellie Palmer
Publisher: Bloomsbury Publishing
ISBN: 1847313760
Size: 10.67 MB
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In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.