Judicial Activism and the Democratic Rule of Law
Title | Judicial Activism and the Democratic Rule of Law PDF eBook |
Author | Sonja C. Grover |
Publisher | Springer Nature |
Pages | 283 |
Release | 2020-02-17 |
Genre | Law |
ISBN | 3030350851 |
In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.
David's Hammer
Title | David's Hammer PDF eBook |
Author | Clint Bolick |
Publisher | Cato Institute |
Pages | 208 |
Release | 2007 |
Genre | Law |
ISBN | 1933995025 |
Judicial activism is condemned by both right and left, for good reason: lawless courts are a threat to republican government. But challenging conventional wisdom, constitutional litigator Clint Bolick argues in Davids Hammer that far worse is a judiciary that allows the other branches of government to run roughshod over precious liberties. That, Bolick demonstrates, is exactly the role the framers intended the courts to play, envisioning a judiciary deferential to proper democratic governance but bold in defense of freedom. But the historical record is painfully uneven. During the Warren era.
Judicial Activism
Title | Judicial Activism PDF eBook |
Author | Christopher Wolfe |
Publisher | Rowman & Littlefield |
Pages | 168 |
Release | 1997 |
Genre | Law |
ISBN | 9780847685318 |
In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
Toward Increased Judicial Activism
Title | Toward Increased Judicial Activism PDF eBook |
Author | Arthur Selwyn Miller |
Publisher | Praeger |
Pages | 376 |
Release | 1982-10-25 |
Genre | Law |
ISBN |
The Supreme Court in American Politics
Title | The Supreme Court in American Politics PDF eBook |
Author | David F. Forte |
Publisher | |
Pages | 118 |
Release | 1972 |
Genre | Law |
ISBN |
Judicial Review in New Democracies
Title | Judicial Review in New Democracies PDF eBook |
Author | Tom Ginsburg |
Publisher | Cambridge University Press |
Pages | 322 |
Release | 2003-07-23 |
Genre | Law |
ISBN | 9780521520393 |
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Judicial Power, Democracy and Legal Positivism
Title | Judicial Power, Democracy and Legal Positivism PDF eBook |
Author | Tom D. Campbell |
Publisher | Routledge |
Pages | 426 |
Release | 2017-03-02 |
Genre | Law |
ISBN | 1351924648 |
In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.