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Author: Kenneth M. Holland
Publisher: Springer
Published: 1991-06-18
Total Pages: 230
ISBN-13: 1349117749
DOWNLOAD EBOOK →The theme of this book is judicial activism in industrialized democracies, with a chapter on the changing political roles of the courts in the Soviet Union. Eleven contributors describe the extent to which the highest courts in their country of expertise have embraced the making of public policy.
Author: Fabian Schusser
Publisher: Nomos Verlagsgesellschaft
Published: 2019
Total Pages: 0
ISBN-13: 9783848755660
DOWNLOAD EBOOK →This study investigates the phenomenon of judicial activism from a comparative perspective by examining the highest constitutional courts in India and Germany: the Supreme Court and the Bundesverfassungsgericht (Federal Constitutional Court) respectively. In addition to answering the question of what role these courts play in their countries' political institutional set-ups, the study explains to what extent they can be classed as powerful. Historical neo-institutionalism forms the study's theoretical basis, which it deploys in endeavouring to understand the courts' development and in identifying critical junctures in their histories.
Author: Mauro Cappelletti
Publisher: Oxford University Press, USA
Published: 1989
Total Pages: 464
ISBN-13:
DOWNLOAD EBOOK →This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.
Author: Luís Pereira Coutinho
Publisher: Springer
Published: 2015-05-26
Total Pages: 212
ISBN-13: 3319185497
DOWNLOAD EBOOK →This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
Author: Charles R. Epp
Publisher: University of Chicago Press
Published: 2020-05-14
Total Pages: 343
ISBN-13: 022677242X
DOWNLOAD EBOOK →It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
Author: K. L. Bhatia
Publisher:
Published: 1997-01-01
Total Pages: 199
ISBN-13: 9788171009794
DOWNLOAD EBOOK →Author: Niels Petersen
Publisher: Cambridge University Press
Published: 2017-03-02
Total Pages: 261
ISBN-13: 1107177987
DOWNLOAD EBOOK →This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Author: Stefanie Lindqquist
Publisher: Oxford University Press
Published: 2009-04-23
Total Pages: 189
ISBN-13: 0195370856
DOWNLOAD EBOOK →'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
