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Judicial power : how constitutional courts affect political transformations
Cambridge ; New York ; Port Melbourne ; Singapore : Cambridge University Press, 2019."The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors...take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions."--The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
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American judicial power : the state court perspective
Buenger, Michael L., 1960-Cheltanham, UK : Edward Elgar Publishing, [2015]American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America's courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism as they examine the wide and distinctive powers these courts exercise and their role in administering the bulk of the nation's justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America's state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts.With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
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Raw judicial power? : the Supreme Court and American society
McKeever, Robert J., 1951-2nd ed. - Manchester ; New York : Manchester University Press ; New York : Distributed exclusively in the USA and Canada by St. Martin's Press , c1995.This book presents an analysis of the modern Supreme Court which takes full account of both its legal and political aspects. The book has an empirical bias, and starts with an examination of the political and social forces which brought to prominence the kind of social issues of recent decades. Chapter Two traces the legal and judicial developments that have occurred roughly in parallel to, and sometimes in direct connection with, the rise of the "social issue" in American politics. Chapters Three to Seven analyze the Court's decisions in the major policy areas affected by these political and judgemental dynamics, namely abortion, capital punishment, affirmative action for racial minorities and women, and other cases including gay rights, pornography and governmental support for religious values. The concluding chapter examines the Court's suitability to continue to carry the political burden that it has acquired.
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