JUDICIAL ACTIVISM IN AN AGE OF POPULISM.

JUDICIAL ACTIVISM IN AN AGE OF POPULISM. PDF

Author:

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781003371656

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This book explores the range of meanings attributed to the terms judicial activism' and populism' in contemporary times and examines the potential interplay between these two phenomena. Drawing upon various political examples, it discusses the implication of populist movements for democratic institutions, policies, and processes. The chapters in this volume examine the impact of populism on judicial decision-making in various socio-cultural contexts. The contributing authors explore the implications of populist beliefs, including those which promote anti-democratic perspectives, on the integrity, independence, and the role of the judiciary in a democratic society. This volume offers unique international perspectives on the concern that populist initiatives may be and continue to be a threat to democratic foundational values and principles. Judicial Activism in an Age of Populism will be a beneficial read for students of Politics, Sociology, Public Administration and Management, and Law and Society. It was originally published as a special issue of The International Journal of Human Rights.

Judicial Activism in an Age of Populism

Judicial Activism in an Age of Populism PDF

Author: Sonja Grover

Publisher: Taylor & Francis

Published: 2023-03-31

Total Pages: 205

ISBN-13: 1000850757

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This book explores the range of meanings attributed to the terms ‘judicial activism’ and ‘populism’ in contemporary times and examines the potential interplay between these two phenomena. Drawing upon various political examples, it discusses the implication of populist movements for democratic institutions, policies, and processes. The chapters in this volume examine the impact of populism on judicial decision-making in various socio-cultural contexts. The contributing authors explore the implications of populist beliefs, including those which promote anti-democratic perspectives, on the integrity, independence, and the role of the judiciary in a democratic society. This volume offers unique international perspectives on the concern that populist initiatives may be and continue to be a threat to democratic foundational values and principles. Judicial Activism in an Age of Populism will be a beneficial read for students of Politics, Sociology, Public Administration and Management, and Law and Society. It was originally published as a special issue of The International Journal of Human Rights.

The People Themselves

The People Themselves PDF

Author: Larry Kramer

Publisher: Oxford University Press, USA

Published: 2004

Total Pages: 380

ISBN-13: 9780195306453

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This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.

Human Rights in a Time of Populism

Human Rights in a Time of Populism PDF

Author: Gerald L. Neuman

Publisher: Cambridge University Press

Published: 2020-04-09

Total Pages: 297

ISBN-13: 1108485499

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Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.

The Inclusionary Turn in Latin American Democracies

The Inclusionary Turn in Latin American Democracies PDF

Author: Diana Kapiszewski

Publisher: Cambridge University Press

Published: 2021-02-04

Total Pages: 587

ISBN-13: 110890159X

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Latin American states took dramatic steps toward greater inclusion during the late twentieth and early twenty-first Centuries. Bringing together an accomplished group of scholars, this volume examines this shift by introducing three dimensions of inclusion: official recognition of historically excluded groups, access to policymaking, and resource redistribution. Tracing the movement along these dimensions since the 1990s, the editors argue that the endurance of democratic politics, combined with longstanding social inequalities, create the impetus for inclusionary reforms. Diverse chapters explore how factors such as the role of partisanship and electoral clientelism, constitutional design, state capacity, social protest, populism, commodity rents, international diffusion, and historical legacies encouraged or inhibited inclusionary reform during the late 1990s and early 2000s. Featuring original empirical evidence and a strong theoretical framework, the book considers cross-national variation, delves into the surprising paradoxes of inclusion, and identifies the obstacles hindering further fundamental change.

Power to the People

Power to the People PDF

Author: Mark Tushnet

Publisher: Oxford University Press

Published: 2021-11-22

Total Pages: 297

ISBN-13: 0197606733

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Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter. Power to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition within other more partisan ideas. This is followed by a similarly basic definition of populism. Comparing the two, this book argues that one facet of populism -its suspicion of institutions that are strongly entrenched against change by political majorities-is sometimes inconsistent with constitutionalism's thinly understood definition. The book provides a series of case studies, some organized by nation, others by topic, to identify, more precisely, when and how populist programs are inconsistent with constitutionalism-and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism.

Perils of Judicial Self-Government in Transitional Societies

Perils of Judicial Self-Government in Transitional Societies PDF

Author: David Kosař

Publisher: Cambridge University Press

Published: 2016-04

Total Pages: 487

ISBN-13: 1107112125

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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.

Populist Challenges to Constitutional Interpretation in Europe and Beyond

Populist Challenges to Constitutional Interpretation in Europe and Beyond PDF

Author: Fruzsina Gárdos-Orosz

Publisher: Routledge

Published: 2021-05-03

Total Pages: 309

ISBN-13: 1000386228

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This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Revisiting Judicial Politics in the European Union

Revisiting Judicial Politics in the European Union PDF

Author: Mark Dawson

Publisher: Edward Elgar Publishing

Published: 2024-03-14

Total Pages: 389

ISBN-13: 1035313510

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Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.

Populism

Populism PDF

Author: Margaret Canovan

Publisher: Houghton Mifflin Harcourt P

Published: 1981

Total Pages: 368

ISBN-13:

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