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The Global Expansion Of Judicial Power

Author: C Neal Tate
Publisher: NYU Press
ISBN: 0814782272
Size: 40.37 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: 65.18 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.

Constitutionalism And Political Reconstruction

Author: Saïd Amir Arjomand
Publisher: BRILL
ISBN: 9004151745
Size: 73.94 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.

Judicial Activism

Author: Luís Pereira Coutinho
Publisher: Springer
ISBN: 3319185497
Size: 48.31 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.

The New Judiciary

Author: Kate Malleson
Publisher: Dartmouth Publishing Company
ISBN: 9781840140774
Size: 12.22 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

International Law Of Human Rights

Author: MichaelK. Addo
Publisher: Routledge
ISBN: 1351562266
Size: 57.60 MB
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International law is a social construct crafted by human endeavour to achieve or at least contribute to the achievement of goals perceived to be valuable or necessary to effective social relations. In effect, international law is no more than a facilitative process and so cannot have answers and conclusions of its own other than what lies within the ambitions of those who define the limits of the process. The essays collected together here reveal how international law facilitates the achievement of the long standing ambition of turning human rights ideals and rhetoric into reality.

Advancing The Human Right To Health

Author: José M. Zuniga
Publisher: OUP Oxford
ISBN: 0191637645
Size: 18.55 MB
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Advancing the Human Right to Health offers a prospective on the global response to one of the greatest moral, legal, and public health challenges of the 21st century - achieving the human right to health as enshrined in the Universal Declaration of Human Rights (UDHR) and other legal instruments. Featuring writings by global thought-leaders in the world of health human rights, the book brings clarity to many of the complex clinical, ethical, economic, legal, and socio-cultural questions raised by injury, disease, and deeper determinants of health, such as poverty. Much more than a primer on the right to health, this book features an examination of profound inequalities in health, which have resulted in millions of people condemned to unnecessary suffering and hastened deaths. In so doing, it provides a thoughtful account of the right to health's parameters, strategies on ways in which to achieve it, and discussion of why it is so essential in a 21st century context. Country-specific case studies provide context for analysing the right to health and assessing whether, and to what extent, this right has influenced critical decision-making that makes a difference in people's lives. Thematic chapters also look at the specific challenges involved in translating the right to health into action. Advancing the Human Right to Health highlights the urgency to build upon the progress made in securing the right to health for all, offering a timely reminder that all stakeholders must redouble their efforts to advance the human right to health.

Towards Juristocracy

Author: Ran Hirschl
Publisher: Harvard University Press
ISBN: 9780674038677
Size: 71.70 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.

Cultures Of Legality

Author: Javier Couso
Publisher: Cambridge University Press
ISBN: 0521767237
Size: 80.78 MB
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Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.

American Constitutional Law

Author: Donald P. Kommers
Publisher: Rowman & Littlefield
ISBN: 9780742526884
Size: 44.95 MB
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A course on constitutional law and civil liberties can be and is nothing less than an extended inquiry into the meaning of America. American Constitutional Law: Volume 1 Governmental Powers and Democracy, newly revised by Donald P. Kommers, John E. Finn, and Gary J. Jacobsohn, is a casebook made for such an inquiry. True to the liberal arts tradition from which it emerges, it goes beyond the facts and rulings of the great cases in American constitutional law to engage important issues of political theory and the nature of our constitutional democracy. Although the focus is on American constitutional law, Kommers, Finn, and Jacobsohn break new ground by incorporating comparative materials that enrich the study of the American Constitution by challenging the reader to assess American constitutional values in light of other traditions and understandings of constitutional governance. In an era of constitutional globalization, this new edition of a distinguished text is essential to an appreciation of tradition and diversity.Volume 1 focuses on governmental structures and relationships and includes a new chapter on elections and political representation.