the supreme court and american democracy case studies on judicial review and public policy

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The Supreme Court And American Democracy

Author : Earl E. Pollock
ISBN : 9780313365256
Genre : Law
File Size : 55. 26 MB
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Topically arranged casebook of U.S. Supreme Court decisions with extensive commentary dissects the Court's decisions on current "hot-button" national policy issues.

Comparative Judicial Review And Public Policy

Author : Donald Wilson Jackson
ISBN : UOM:39015028481631
Genre : Law
File Size : 35. 83 MB
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This text sets forth a framework for comparative analysis into the origins of judicial review, its use as a policy tool, and its exercise and impact in the policy-making process. Case studies by respected scholars demonstrate various approaches and problems in twelve countries, including Eastern Europe and the Soviet Union. An appendix points to different constitutional interpretations relating to judicial review and judicial restraint. Chapter reference lists and a selected bibliography at the end of the book refer to important recent studies on the subject of judicial review.

First Amendment Rights An Encyclopedia 2 Volumes

Author : Nancy S. Lind
ISBN : 9781610692137
Genre : Political Science
File Size : 45. 62 MB
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This two-volume work addresses every key, cutting-edge issue regarding the First Amendment, including subjects such as freedom of religion, freedom of press, freedom of speech, and freedom of organization. • Contributions from 20 academicians and practitioners • Several court case highlights • A complete bibliography and a chapter-by-chapter glossary

Losing Twice

Author : Emily M. Calhoun
ISBN : 9780195399745
Genre : Law
File Size : 34. 63 MB
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Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Here, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers.

Courthouse Democracy And Minority Rights

Author : Robert J. Hume
ISBN : 9780199982172
Genre : Law
File Size : 25. 88 MB
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In Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States, Robert J. Hume shows how increasing the democratic accountability of courts has limited the ability of judges to act as reform agents. When judges are elected, or when their decisions can be easily overturned with initiative amendment procedures, they lose the capacity to stand up for the rights of the minorities.

Courts And Social Policy

Author : Donald L. Horowitz
ISBN : 0815707312
Genre : Law
File Size : 23. 73 MB
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In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests various improvements, but warns against changes that might impair the traditional strengths of the judicial process.

Judicial Politics In Mexico

Author : Andrea Castagnola
ISBN : 9781315520605
Genre : Political Science
File Size : 34. 76 MB
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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.

Annual Review Of Political Science

Author : Annual Reviews, Inc
ISBN : 0824333071
Genre : Political science
File Size : 67. 5 MB
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The mission of Annual review of political science is to provide systematic, periodic examinations of the field through critical authoritative reviews. The comprehensive critical review not only summarizes a topic but also roots out errors of fact or concept and provokes discussion that will lead to new research activity. Each review contains title, author(s), key words, abstracts, review and bibliography.

The Supreme Court And The Idea Of Constitutionalism

Author : Steven Kautz
ISBN : 9780812221909
Genre : Law
File Size : 84. 86 MB
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From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of--and the persistent tensions between--constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.

The Democratic Constitution 2nd Edition

Author : Neal Devins
ISBN : 9780190279561
Genre : Law
File Size : 63. 84 MB
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Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.

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