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Author: Erwin Chemerinsky Publisher: ISBN: 9781639050437 Category : Constitutional law Languages : en Pages : 164
Book Description
This review of the Supreme Court's October 2020 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic.
Author: Erwin Chemerinsky Publisher: ISBN: 9781639050437 Category : Constitutional law Languages : en Pages : 164
Book Description
This review of the Supreme Court's October 2020 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic.
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: Cornelis Hendrik (Remco) van Rhee Publisher: Springer ISBN: 3319523449 Category : Law Languages : en Pages : 245
Book Description
This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.
Author: Anja Seibert-Fohr Publisher: Springer Science & Business Media ISBN: 3642282997 Category : Law Languages : en Pages : 1378
Book Description
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
Author: Erwin Chemerinsky Publisher: ISBN: 9781639052325 Category : Abortion Languages : en Pages : 0
Book Description
This review of the Supreme Court's October 2021 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic.
Author: Ian Millhiser Publisher: ISBN: 9781734420760 Category : Law Languages : en Pages :
Book Description
From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.
Author: Irwin P Stotzky Publisher: Routledge ISBN: 1000009882 Category : Political Science Languages : en Pages : 347
Book Description
The transition to democracy in Latin America encompasses adjustments in norms and institutions regarding the strictures of the rule of law. This book addresses the critical role of the judiciary in the transition. The contributors examine the significance of the independence of the judiciary, which ensures institutional integrity and freedom from p
Author: David Kosař Publisher: Cambridge University Press ISBN: 1107112125 Category : Law Languages : en Pages : 487
Book Description
This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Author: Peter H., Jr. Solomon Publisher: Routledge ISBN: 0429980884 Category : Political Science Languages : en Pages : 240
Book Description
It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In Courts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, Courts and Transition in Russia should appeal to anyone interested in law, politics, or business in Russia ? scholars and practitioners alike ? as well as to students of comparative law, legal transition, and courts in new democracies.
Author: Erwin Chemerinsky
Author: Erwin Chemerinsky
Author: Andrea Castagnola
Author: Cornelis Hendrik (Remco) van Rhee
Author: Anja Seibert-Fohr
Author: Erwin Chemerinsky
Author: Ian Millhiser
Author: Irwin P Stotzky
Author: David Kosař
Author: Peter H., Jr. Solomon
Author: