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Consequential Courts

Consequential Courts Author Diana Kapiszewski
ISBN-10 9781107067530
Release 2013-04-08
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In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.

Constitutional Courts as Mediators

Constitutional Courts as Mediators Author Julio Ríos-Figueroa
ISBN-10 9781107079786
Release 2016-03-29
Pages 256
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The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

Unstable Constitutionalism

Unstable Constitutionalism Author Mark Tushnet
ISBN-10 9781107068957
Release 2015-09-04
Pages 414
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This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Courts in Latin America

Courts in Latin America Author Gretchen Helmke
ISBN-10 9781139497169
Release 2011-01-17
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To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.

Comparative Constitutional Design

Comparative Constitutional Design Author Tom Ginsburg
ISBN-10 9781107020566
Release 2012-02-27
Pages 393
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This volume brings together essays by leading scholars of comparative constitutional design from myriad disciplinary perspectives. The authors collectively assess what we know - and don't know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes, and many other issues. Bringing together positive and normative analysis, it provides the state of the art in a field of growing theoretical and practical importance.

The Alchemists

The Alchemists Author Tom Gerald Daly
ISBN-10 9781108287197
Release 2017-11-02
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Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.

Comparative Constitutionalism

Comparative Constitutionalism Author Norman Dorsen
ISBN-10 0314290680
Release 2016-07
Pages 1750
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This comparative constitutional law casebook offers a comprehensive and paradigmatic approach to the subject: it examines how the vast increase in international movements of people, capital, goods, ideas, and information affect politics in and beyond nation-states and how this influx affects the rule of law, separation of powers, and fundamental rights. Indeed, this casebook stands apart as it represents an international collaboration of legal scholars and allows for diversity of perspectives. Utilizing case excerpts from at least 40 countries across every continent, students will examine the assumptions, choices and trade-offs, strategies, and effects from decisions by constitutional courts and human rights tribunals throughout various legal systems and political contexts. Moreover, this book examines the different theories of constitutionalism and analyzes how constitutional democracies address similar issues in different institutional settings. This third edition includes new material that speaks to current issues of pressing importance: citizenship, transnational constitutionalism, authoritarian and illiberal constitutions, collective rights and minorities, Internet censorship, religion in the public space, mass surveillance, and targeted killings. Both teachers and students will appreciate the complete coverage of complex topics within a manageable size and format. A comprehensive teacher's manual accompanies the casebook.

Courts and Democracies in Asia

Courts and Democracies in Asia Author Po Jen Yap
ISBN-10 9781107192621
Release 2017-09-30
Pages 252
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This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

Comparative Constitutional Law

Comparative Constitutional Law Author Tom Ginsburg
ISBN-10 9780857931214
Release 2011-01-01
Pages 680
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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.

Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes Author Tom Ginsburg
ISBN-10 9781107047662
Release 2013-12-31
Pages 282
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This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Social and Political Foundations of Constitutions

Social and Political Foundations of Constitutions Author Denis J. Galligan
ISBN-10 9781107434578
Release 2013-10-14
Pages 696
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This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.

No Day in Court

No Day in Court Author Sarah L. Staszak
ISBN-10 9780199399031
Release 2015
Pages 299
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Revision of author's disseration (doctoral - Brandeis University, 2010), issued under title: The politics of judicial retrenchment.

Comparative Constitutional Reasoning

Comparative Constitutional Reasoning Author András Jakab
ISBN-10 9781108138611
Release 2017-04-27
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To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

The New Commonwealth Model of Constitutionalism

The New Commonwealth Model of Constitutionalism Author Stephen Gardbaum
ISBN-10 9781107009288
Release 2013-01-03
Pages 262
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Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.


Scalia Author Bruce Allen Murphy
ISBN-10 9780743296502
Release 2015-06-30
Pages 672
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A deeply researched portrait of the controversial Supreme Court justice includes coverage of his career achievements, his appointment in 1986 and his party-dividing resolve to support agendas from an ethical, rather than political, perspective.

Constitutional Courts as Mediators

Constitutional Courts as Mediators Author Julio Ríos-Figueroa
ISBN-10 9781107079786
Release 2016-03-29
Pages 256
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The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

International Courts and the Performance of International Agreements

International Courts and the Performance of International Agreements Author Clifford Carrubba
ISBN-10 9781107065727
Release 2014-10-27
Pages 252
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A theory of international courts that assumes member states can ignore international agreements and adverse rulings and that the court does not have informational advantages.