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The Global Expansion Of Judicial Power

Author: C Neal Tate
Publisher: NYU Press
ISBN: 0814782272
Size: 30.72 MB
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Not only a highly significant contribution to the debate about masculinity, this outstanding volume breaks new ground in psychological theorizing generally. Tatham's passionate and disciplined text will set the agenda for the 1990's. -Andrew Samuels, author of The Father Tatham combines innovative psychological insight with the imaginative language of a poet. -Dr. Mario Jacoby, Ph. D., C. J. Jung Institute, Zurich In the Makings of Maleness, Jungian analyst Peter Tatham argues that the time for the hero as a model for maleness is past, and suggests that many of the difficulties between men and women, as well as the patriarchal slant of our culture, result from an over reliance upon the heroic as an archetypal stance that underlies consciousness. What maleness needs today is not merely to be more aware of its female counterpart, but to develop a different understanding of its own male nature. As a model more in keeping with the epoch and its needs, Tatham puts forward this archetypal image in the person and story of Daedalus, the master-craftsman of Greek mythology. Peter Tatham, by overturning various stereotypical positions, frees the reader to examine the notion that there can exist many different kinds of maleness.

Appointing Judges In An Age Of Judicial Power

Author: Peter H. Russell
Publisher: University of Toronto Press
ISBN: 0802093817
Size: 16.39 MB
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The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.

The New Judiciary

Author: Kate Malleson
Publisher: Dartmouth Publishing Company
ISBN: 9781840140774
Size: 49.85 MB
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During the last thirty years, the judiciary has undergone an unprecedented expansion in its size and power. This book reviews the resultant changes to judicial training, the judicial appointments process and the scrutiny of judges' performance in the ligh

Towards Juristocracy

Author: Ran Hirschl
Publisher: Harvard University Press
ISBN: 9780674038677
Size: 76.83 MB
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In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

Governing With Judges

Author: Alec Stone Sweet
Publisher: Oxford University Press
ISBN: 0198297300
Size: 45.92 MB
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Constitutional Politics in Europe: Governing with Judges elaborates a theory of constitutional politics, the process through which the discursive practices and techniques of constitutional adjudication come to structure the work of governments, parliaments, judges, and administrators. Focusingon the cases of France, Germany, Italy, Spain, and the European Union, the book examines the sources and consequences of the pan-European movement to confer constitutional review authority on a new governmental institution, the constitutional court. Detailed case studies illustrate how and to whatextent legislative processes have been placed under the influence of constitutional judges. In a growing number of policy domains, these judges function as powerful, adjunct legislators. As constitutional courts have consolidated their position as authoritative interpreters of the constitutionallaw, and especially of human rights provisions, the work of the judiciary, too, has gradually been constitutionalised. Today, ordinary judges seek to detect violations of the constitution in their application of the various codes, and to rewrite statutes that they deem unconstitutional.Constitutional politics have not only provoked the demise of traditional notions of parliamentary sovereignty, they have organized profound transformations in the very nature of European governance. Stone Sweet argues that constitutional adjudication constructs complex causal linkages between rule systems and normativity, on the one hand, and the strategic behaviour of individuals, on the other. The theory constitutes a novel synthesis of normative and rational approaches to politics. Thebook also addresses central questions raised by a wide range of ongoing theory projects, including the 'new institutionalism,'rational choice, principal-agent theories of delegation, and the new constitutionalism in Continental legal theory.

Comparative Judicial Review And Public Policy

Author: Donald Wilson Jackson
Publisher: Greenwood Publishing Group
ISBN:
Size: 36.80 MB
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This text sets forth a framework for comparative analysis into the origins of judicial review, its use as a policy tool, and its exercise and impact in the policy-making process. Case studies by respected scholars demonstrate various approaches and problems in twelve countries, including Eastern Europe and the Soviet Union. An appendix points to different constitutional interpretations relating to judicial review and judicial restraint. Chapter reference lists and a selected bibliography at the end of the book refer to important recent studies on the subject of judicial review.

Judicial Activism

Author: Luís Pereira Coutinho
Publisher: Springer
ISBN: 3319185497
Size: 33.11 MB
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This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

Constitutionalism And Political Reconstruction

Author: Saïd Amir Arjomand
Publisher: BRILL
ISBN: 9004151745
Size: 80.13 MB
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This book offers a unique interdisciplinary comparison of the dominant trends in constitutional developments and legal change across different regions of the world in the last half century, bringing together the constitution-making of the post-colonial era with the post-communist political reconstruction and globalization of constitutionalism.

The Judicialization Of Politics In Latin America

Author: Rachel Sieder
Publisher: Springer
ISBN: 1137108878
Size: 19.42 MB
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During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.

Weak Courts Strong Rights

Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 069114320X
Size: 14.29 MB
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Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.