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Author: B. Mazlish Publisher: Springer ISBN: 023061776X Category : History Languages : en Pages : 194
Book Description
The result of a lifetime of research and contemplation on global phenomena, this book explores the idea of humanity in the modern age of globalization. Tracking the idea in the historical, philosophical, legal, and political realms, this is a concise and illuminating look at a concept that has defined the twentieth century.
Author: B. Mazlish Publisher: Springer ISBN: 023061776X Category : History Languages : en Pages : 194
Book Description
The result of a lifetime of research and contemplation on global phenomena, this book explores the idea of humanity in the modern age of globalization. Tracking the idea in the historical, philosophical, legal, and political realms, this is a concise and illuminating look at a concept that has defined the twentieth century.
Author: Gerald T. Dunne Publisher: Simon and Schuster ISBN: 067124406X Category : Biography & Autobiography Languages : en Pages : 514
Book Description
From Simon & Schuster, Hugo Black and the Judicial Revolution is "one of the prime judicial biographies of our time." (Max Lerner) A native of St. Louis, Professor Dunne is a graduate of Georgetown University and St. Louis University Law School. He is the author of Monetary Decisions of the Supreme Court and Justice Joseph Story and The Rise of the Supreme Court.
Author: Jed Rubenfeld Publisher: Harvard University Press ISBN: 9780674017153 Category : Law Languages : en Pages : 260
Book Description
Constitutional law's central narrative in the 20th century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What justifies this phenomenon? How does it work doctrinally? What structures it or limits it? Rubenfeld finds a pattern in constitutional interpretation that answers these questions.
Author: Jean-Louis Halpérin Publisher: Springer ISBN: 3319058886 Category : Law Languages : en Pages : 194
Book Description
This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.
Author: Cass R. Sunstein Publisher: Harvard University Press ISBN: 9780674009097 Category : Law Languages : en Pages : 300
Book Description
In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
Author: Daniel Friedmann Publisher: Oxford University Press ISBN: 0190278501 Category : Law Languages : en Pages : 417
Book Description
" The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches. "--
Author: Daniel Friedmann Publisher: Oxford University Press ISBN: 0190278528 Category : Law Languages : en Pages : 280
Book Description
The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches.
Author: Rebecca D. Gill Publisher: Routledge ISBN: 9781472468826 Category : Languages : en Pages : 192
Book Description
Over the last thirty years, supreme courts across the common law world have been undergoing revolutionary changes in their roles and responsibilities and a concomitant global expansion of judicial power and politicization of courts. While much has been written about the events leading up to these, this book fills a gap in the literature by exploring the aftermath of such revolutionary change. The focus of the work is the judicial revolution that came to Australiaâe(tm)s High Court in the late 1980s and 1990s under the leadership of Chief Justice Anthony Mason and the post-revolution retrenchment that occurred during the chief justiceship of Murray Gleeson. Many expected Chief Justice Gleesonâe(tm)s appointment to the High Court would mark a turning point away from the highly politicized, deeply controversial 'activist' jurisprudence of the Mason Court with a minimalist jurisprudence that was more grounded in black letter law, and more deferential to parliament and the executive. The authors use the regime politics model to allow analysis of how a court of final appeal tends to operate within the broader political system, including how it exercises judicial power and what happens when its decisions and methods run counter or challenge the governing coalition. It also enables assessment of where and how changes occur in substantive law, workload, and interactions with other branches. Ultimately, the book affirms the claims of regime politics scholarship that courts cannot stray for long from the dominant political regimeâe(tm)s values and commitments, lest the regime invoke its tools to bring compliance.
Author: Charles R. Epp Publisher: University of Chicago Press ISBN: 022677242X Category : Law Languages : en Pages : 343
Book Description
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
Author: Andrea Castagnola Publisher: Routledge ISBN: 1315520591 Category : Political Science Languages : en Pages : 190
Book Description
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Author: B. Mazlish
Author: B. Mazlish
Author: Gerald T. Dunne
Author: Jed Rubenfeld
Author: Jean-Louis Halpérin
Author: Cass R. Sunstein
Author: Daniel Friedmann
Author: Daniel Friedmann
Author: Rebecca D. Gill
Author: Charles R. Epp
Author: Andrea Castagnola