The right to freedom of association for the protection ofjudges is based mainly on
the European Charter on the Statute for Judges, and in the conditions of Slovakia
this right is a part ofthe general constitutional rightto freedom of association to ...
In some respects, state courts do have the power of the “sword.” State judges can
use the services of law enforcement officers in their state. Judges can order
police officers to seize individuals, property, and carry out other types of judicial ...
Author: Sean O. Hogan
Offers an introduction to the role of the stae courts, describes how they function, and explains the importance of the state level of the judiciary where nearly ninety-seven percent of all legal cases in the United States are settled.
Almost every day a judge in the United States holds a statute unconstitutional.
This is “judicial review,” and it often ... Even today, they scarcely mention the power of judges to decide con- stitutional questions. The power of judges to hold
Author: Philip HAMBURGER
Publisher: Harvard University Press
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
The European Model v. the American Model In American judicial review, 'any judge of any court, in any case, at any time, at the behest of any litigating party,
has the power to declare a law unconstitutional' (Shapiro and Stone 1994b: 400).
Author: Alec Stone Sweet
Publisher: OUP Oxford
Category: Political Science
Governing with Judges elaborates a theory of constitutional politics, the process through which the discursive practices and techniques of constitutional adjudication come to structure the work of governments, parliaments, judges, and administrators. Focusing on the cases of France, Germany, Italy, Spain, and the European Union, the book examines the sources and consequences of the pan-European movement to confer constitutional review authority on a new governmental institution, the constitutional court. Detailed case studies illustrate how and to what extent legislative processes have been placed under the influence of constitutional judges. In a growing number of policy domains, these judges function as powerful, adjunct legislators. As constitutional courts have consolidated their position as authoritative interpreters of the constitutional law, and especially of human rights provisions, the work of the judiciary, too, has gradually been constitutionalised. Today, ordinary judges seek to detect violations of the constitution in their application of the various codes, and to rewrite statutes that they deem unconstitutional. Constitutional politics have not only provoked the demise of traditional notions of parliamentary sovereignty, they have organized profound transformations in the very nature of European governance. Stone Sweet argues that constitutional adjudication constructs complex causal linkages between rule systems and normativity, on the one hand, and the strategic behaviour of individuals, on the other. The theory constitutes a novel synthesis of normative and rational approaches to politics. The book also addresses central questions raised by a wide range of ongoing theory projects, including the 'new institutionalism,'rational choice, principal-agent theories of delegation, and the new constitutionalism in Continental legal theory.
... the product of ' judicial review ' , the power of judges to disallow policy choices
made by other officials or institutions of ... and unprecedented power , America's
dubious contribution to the science of government , has made American judges ...
Author: Ellen Frankel Paul
Publisher: Cambridge University Press
This volume examine the history of free speech doctrine.
Judicial review is the power of judges to disallow policy choices made by other
officials or institutions of government, ostensibly on the ground that they are
prohibited by the Constitution. Increasingly it has come to be used not merely to ...
Author: Ellen Frankel Paul
Publisher: SUNY Press
This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930s, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the double standard. The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.
of. Powers: The. Judges. as. a. Separate. Branch. of. Government? A. S OF 1997,
one could have said categorically that in England the judges were not a separate
or co-equal branch of government. While the assertion is frequently made that ...
Author: Robert Stevens
Publisher: Hart Publishing
Robert Stevens examines the political influences on the English judiciary and the influence the judiciary has had on politics during the 20th-century to ascertain what needs to be done to maintain its effectiveness in the 21st-century.
Power. of. Judicial. Review. Marbury. v. Madison. 1. Cranch. 137(1803). In 1801,
Thomas Jefferson, the newly elected president ... It was this proclamation by the
Supreme Court of the doctrine of judicial review — the doctrine that judges could
Author: H. L. Pohlman
Publisher: Rowman & Littlefield
Category: Political Science
Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the United States Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. Each volume examines in depth five landmark decisions. Governmental Powers covers: The Power of Judicial Review, The Commerce Power, The War Power, Presidential Emergency Powers, and Executive Privilege. Visit our website for sample chapters!
Introduction – PART I: THE COURTS – The Courts and Judicial Power –
Structure of the Courts – Judges – Independence of the Judges and the Judiciary
– Judicial Process – Judicial Reform – PART II: JUSTICIABILITY – The
Constitution and ...
Author: Shigenori Matsui
Publisher: Bloomsbury Publishing
Japan boasts the second largest economy in the world and almost two thousand years of history. Yet, its first modern constitution, the Meiji Constitution, was not enacted until comparatively recently (1889). Since then, following World War II, Japan adopted its current Constitution, the Japanese Constitution of 1946. This book is designed to explain the outline of Japan's Constitution, together with a number of its unique characteristics and to offer an historical background and context which help explain its significance. Major topics covered include the constitutional history of Japan, fundamental principles of the Constitution, the people and the Emperor, the Diet and legislative power, Cabinet and executive power, and the Judiciary and judicial power. Also discussed is the protection of fundamental human rights, individual rights - including freedom of expression,economic freedoms, and social rights - pacifism and national defence, and the constitutional amendment and reform. Although the Japanese Constitution was enacted under the strong influence of the United States Constitution, many of its features are very different. For instance the existence of an Emperor, the long dominance of a conservative party over the Government, the relatively strong power of government bureaucrats, the absence of a leadership role in the Prime Minister, the small role the judiciary play in solving constitutional disputes and the struggle over national defence. Written in an accessible style and comprehensive in content, the reader will find this account of the constitutional law of Japan both unique and stimulating.
Author: G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of VirginiaPublish On: 1988-12-01
They were also asked to use their power and prestige to preserve local order and
tranquility. 1 The specific responsibilities of colonial judges assured them of a
wide range of petty powers but of little independence. They were accountable to
Author: G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia
Publisher: Oxford University Press, USA
Category: Electronic books
Now available in a newly revised and updated second edition, this highly-acclaimed volume presents a series of portraits of the most famous appellate judges in American history from John Marshall to the Burger court. G. Edward White traces the American judicial tradition through sketches of the careers and contributions of such significant judges as John Marshall, Joseph Story, Roger Taney, Stephen Field, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hughes, Felix Frankfurter, Hugo Black, Earl Warren, William Brennan, and Sandra Day O'Connor. This expanded edition contains a new preface, an updated bibliographical note, and two new chapters, one on Justice William O. Douglas and one on the Burger Court.
Dr Mark Elliott's aim is to examine Judicial Review within our constitutional order
and to provide a justification for the power that it permits the Judiciary to exercise.
However, because judicial review is the medium through which disputes ...
Author: Mark Elliott
Publisher: Bloomsbury Publishing
Recent years have witnessed a vibrant debate concerning the constitutional basis of judicial review,which reflects a broader discourse about the role of the courts, and their relationship with the other institutions of government, within the constitutional order. This book comprehensively analyses the foundations of judicial review. It subjects the traditional justification, based on the doctrine of ultra vires, to criticial scrutiny and fundamental reformulation, and it addresses the theoretical challenges posed by the impact of the Human Rights Act 1998 on administrative law and by the extension of judicial review to prerogative and non-statutory powers. It also explores the relationship between the theoretical basis of administrative law and its practical capacity to safeguard individuals against maladministration. The book seeks to develop a constitutional rationale for judicial review which founds its legitimacy in core principles such as the rule of law, the separation of powers and the sovereignty of Parliament. It presents a detailed analysis of the interface between constitutional and administrative law, and will be of interest to all public lawyers.
Judges'. Budgetary. Powers. On its face, the U.S. Constitution is clear: Congress
holds the power of the purse. Article I specifically provides that only members of
Congress have the “power to lay and collect taxes, duties, imposts and excises ...
Author: Nancy Staudt
Publisher: University of Chicago Press
Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.
PETER H. RUSSELL In an era of increasing judicial power, when judges are
playing a much greater role in shaping the laws and policies of the country, it is
both logical and reasonable for a democratic society to become more concerned
Author: Paul Howe
Publisher: McGill-Queen's Press - MQUP
Category: Political Science
Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.
place formal limits in the power of the majority. The concept that 'It is not done'
needs to receive the formal expression, 'It is forbidden.'” It would be a distressing
irony if this country were to weaken the protective power of judges just as other ...
Author: Mark Kozlowski
Publisher: NYU Press
Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.
In the introduction I argued that modern judicial power is , and is recognized by
many political figures and scholars as , a power to revise the Constitution , not
merely to interpret it . One author described the Supreme Court as a kind of ...
Author: Christopher Wolfe
Publisher: Rowman & Littlefield
In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
They did not lose sight of their goal until they had fought and won the last battle.”
Faith, commitment, and perseverance are still the qualities of those through
whom the Lord accomplishes his will. \ 7. / THE ABUSE OF POWER Judges 9 In
Author: Cyril J. Barber
Publisher: Wipf and Stock Publishers
The book of Judges deals with a people who lost their freedom--not all at once, but gradually. The Israelites were content to let the neighboring inhabitants of Canaan rule over them. Judges clearly describes the reasons for this spiritual, moral, and national decline. It began with compromise. The people's commitment to God's revealed will steadily decreased until it was no longer sufficient for the crises that arose. It was at this time that God placed tremendous responsibility in the hands of a chosen few. Judges, more than any other book of the Bible, illustrates the way the power of God is available to ordinary people to accomplish His purposes. These men and women learned through their experiences that to "those who have no might, he increases power" (Isaiah 40:29). This should inspire us with confidence, particularly as we read this book in light of the apostle Paul's words: "Not that we are competent in ourselves to reckon anything as from ourselves, but our competency is of God . . . in order that the excellency of the power may be of God and not of us" (2 Corinthians 3:5; 4:7).
A constitution is, in fact, and must be regarded by the judges, as a fundamental
law. It therefore belongs to them to ... In one of these, he attacked the concept of
judicial review as residing too much power in the judiciary. Does the Constitution
Author: David L Hudson
Publisher: Visible Ink Press
From the origins of the court to modern practical matters—including the federal judiciary system, the Supreme Court’s session schedule, and the argument, decision, and appeal process—this resource provides detailed answers on all aspects of the Supreme Court. Exploring the social, cultural, and political atmosphere in which judges are nominated and serve, this guide book answers questions such as When did the tradition of nine justices on the bench begin? When did the practice of hiring law clerks to assist with legal research and writing begin? and How do cases reach the Supreme Court? Details on historic decisions—including Marbury v. Madison, Brown v. Board of Education, Miranda v. Arizona, and Bush v. Gore—accompany a thorough history of all 17 Supreme Court Chief Justices.
Obviously, if the Founders had thought that the power of judicial review might
later be used as the bulwark of privilege ... for example, called the paper money
law voided by the Rhode Island judges in Trevett “wicked and arbitrary” (Farrand,
Author: John Agresto
Publisher: Cornell University Press
Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions
Its Origin, the Power to Set Aside Laws, Boundaries of the Power, Judicial
Independence, Existing Evils and Remedies ... noted the similarity of the power of
the justiza, the supreme judge of Aragon, to the power of the judiciary in this
Author: J. Hampden Dougherty
Publisher: The Lawbook Exchange, Ltd.
Dougherty, J. Hampden. Power of Federal Judiciary Over Legislation. New York: G.P. Putnam's Sons, 1912. vii, 125 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2003052769. ISBN 1-58477-363-4. Cloth. $80. * "The modern assailants of judicial power will find little comfort in this volume. It consists mainly in a clear and able presentation of convincing evidence that the power of the courts to override laws repugnant to the spirit of the Constitution was directly contemplated by the framers of that instrument. It is apparent that the author has made a careful study of the Federal Convention of 1787 and in the state ratifying conventions that followed. He does not rest his case here, but proceeds with a discussion of other evidence in support of his position...": P.R.B., Yale Law Journal 22:67 cited in Marke, A Catalogue of the Law Collection at New York University 410.
before us, to remove the circuit judges from their offices ; but I will say, that they
establish a precedent, which will enable worse men than themselves to make
use of the legislative power for that purpose upon any occasion. If it be