Judicial Reputation

Judicial Reputation
Title Judicial Reputation PDF eBook
Author Nuno Garoupa
Publisher University of Chicago Press
Pages 286
Release 2015-11-20
Genre Law
ISBN 022629059X

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In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.

Reputation and Judicial Tactics

Reputation and Judicial Tactics
Title Reputation and Judicial Tactics PDF eBook
Author Shai Dothan
Publisher Cambridge University Press
Pages 351
Release 2015
Genre Law
ISBN 1107031133

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This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.

A Guide to Judicial and Political Review of Federal Agencies

A Guide to Judicial and Political Review of Federal Agencies
Title A Guide to Judicial and Political Review of Federal Agencies PDF eBook
Author John Fitzgerald Duffy
Publisher American Bar Association
Pages 340
Release 2005
Genre Administrative agencies
ISBN 9781590314838

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"This book provides a thorough overview of the law of judicial and political control of federal agencies. The primary focus is on the availability and scope of judicial review, but the book also discusses the control exercised by the U.S. president and Congress"--Provided by publisher.

Judicial Review in New Democracies

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

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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 Review

Judicial Review
Title Judicial Review PDF eBook
Author Graham D. S. Taylor
Publisher
Pages
Release 2018-03
Genre Administrative law
ISBN 9780947514570

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Judicial Review: A New Zealand Perspective was the first book of its kind that gave a detailed commentary on the subject of Judicial review in New Zealand. The book is a treatise on the subject and well regarded in the Practitioner and Academic markets. It consists of four parts: The Basic Structure of Judicial Review, The Process of Judicial Review, Procedure and Evidence, and Ground of Judicial Review.

The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays

The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays
Title The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays PDF eBook
Author Edward Samuel Corwin
Publisher
Pages 204
Release 1914
Genre Constitutional history
ISBN

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Weak Courts, Strong Rights

Weak Courts, Strong Rights
Title Weak Courts, Strong Rights PDF eBook
Author Mark Tushnet
Publisher Princeton University Press
Pages 288
Release 2009-07-20
Genre Political Science
ISBN 1400828155

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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.