-PDF Download- The Birth Of Judicial Politics In France EBOOK

The Birth of Judicial Politics in France

Author: Alec Stone Sweet

Publisher: Oxford University Press, USA

Published: 1992

Total Pages: 326

ISBN-13: 0195070348

The French Constitutional Council, a quasi-judicial body created at the dawn of the Fifth Republic, functioned in relative obscurity for almost two decades until its emergence in the 1980s as a pivotal actor in the French policymaking process. Alec Stone focuses on how this once docile institution, through its practice of constitutional review, has become a meaningfully autonomous actor in the French political system. After examining the formal prohibition against judicial review in France, Stone illustrates how politicians and the Council have collaborated over the course of the last decade, often unintentionally and in the service of contradictory agendas, to significantly enhance Council's power. While the Council came to function as a third house of Parliament, the legislative work of the government and Parliament was meaningfully "juridicized." Through a discussion of broad theoretical issues, Stone then expands the scope of his analysis to the politics of constitutional review in Germany, Spain, and Austria.

Judicial Politics and Urban Revolt in Seventeenth-Century France

Author: Sharon Kettering

Publisher: Princeton University Press

Published: 2015-03-08

Total Pages: 384

ISBN-13: 1400869781

DOWNLOAD EBOOK →

Most historical scholarship concerned with the Fronde has investigated the Parlement of Paris. By focusing on the different experience of high court judges in Aix-en-Provence, Sharon Kettering illuminates the causes of resistance to royal authority and offers a new understanding of the role of provincial officials in seventeenth-century revolts. The author shows that political tensions and alignments within the court and provincial capital were as important in causing the revolts at Aix as the judges' relationship with the crown. Describing the liaisons and personalities that gave impetus to resistance, she traces the emergence of an opposition party within the Parlement of Aix after the first revolt in 1630. This party remained sporadically active until its dispersal by the crown in 1659, and it provided the leadership for the serious parlementary Fronde at Aix in January, 1649. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

JUDICIAL POLITICS IN THE OLD REGIME

Author:

Publisher:

Published: 1967

Total Pages:

ISBN-13:

DOWNLOAD EBOOK →

Judicial Politics in Europe

Author: Mary L. Volcansek

Publisher: Peter Lang Incorporated, International Academic Publishers

Published: 1986

Total Pages: 348

ISBN-13:

DOWNLOAD EBOOK →

Judicial Politics in Europe traces relations between each of the Member State judiciaries of nine countries of the European Community with the European Court of Justice, centering on the legal issue of preliminary rulings. The purpose of this exploration is to describe in a political-economic context the changes in these relationships over the period from 1961 to 1981 and to explain the causes and conditions of compliance or defiance of Community norms within the national judiciaries. This book is the first attempt to consider the impact of judicial norms cross-culturally.

Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries

Author: James M. Donovan

Publisher: Univ of North Carolina Press

Published: 2010-02-01

Total Pages: 273

ISBN-13: 0807895776

DOWNLOAD EBOOK →

James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.

Comparative Constitutional Reasoning

Author: András Jakab

Publisher: Cambridge University Press

Published: 2017-04-27

Total Pages: 867

ISBN-13: 1108138616

DOWNLOAD EBOOK →

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Regime Transition and the Judicial Politics of Enmity

Author: Justine Guichard

Publisher: Springer

Published: 2016-04-08

Total Pages: 248

ISBN-13: 1137531576

DOWNLOAD EBOOK →

Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is known as a paragon of 'successful democratization.' This achievement is considered to be intimately tied to a new institution introduced with the 1987 change of regime, intended to safeguard fundamental norms and rights: the Constitutional Court of Korea. While constitutional justice is largely celebrated for having achieved both purposes, this book proposes an innovative and critical account of the court's role. Relying on an interpretive analysis of jurisprudence, it uncovers the ambivalence with which the court has intervened in the major dispute opposing the state and parts of civil society after the transition: (re)defining enmity. In response to this challenge, constitutional justice has produced both liberal and illiberal outcomes, promoting the rule of law and basic rights while reinforcing the mechanisms of exclusion bounding South Korean democracy in the name of national security.

Judicial Politics and Policy-making in Western Europe

Author: Mary L. Volcansek

Publisher: Routledge

Published: 2014-04-08

Total Pages: 180

ISBN-13: 113519369X

DOWNLOAD EBOOK →

Focusing on the intersection of politics and law in six western European countries and in two supra-national bodies, the contributors here aim to debunk the myth that judges are merely "la bouche de la loi" and analyze similiarities in policy-making of the judiciaries from one nation to the next.

Judicial Power

Author: Christine Landfried

Publisher: Cambridge University Press

Published: 2019-02-07

Total Pages: 411

ISBN-13: 1108425666

DOWNLOAD EBOOK →

Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

The Cambridge Companion to Comparative Constitutional Law

Author: Roger Masterman

Publisher: Cambridge University Press

Published: 2019-10-03

Total Pages: 653

ISBN-13: 1107167817

DOWNLOAD EBOOK →

Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.