The Politics of Court Reform

The Politics of Court Reform

Author: Melissa Crouch

Publisher: Cambridge University Press

Published: 2019-09-19

Total Pages: 449

ISBN-13: 1108493467

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Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.


Book Synopsis The Politics of Court Reform by : Melissa Crouch

Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2019-09-19 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.


The Politics of Judicial Reform

The Politics of Judicial Reform

Author: Philip L. Dubois

Publisher: Lexington Books

Published: 1982

Total Pages: 216

ISBN-13:

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Book Synopsis The Politics of Judicial Reform by : Philip L. Dubois

Download or read book The Politics of Judicial Reform written by Philip L. Dubois and published by Lexington Books. This book was released on 1982 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:


The Authority of the Court and the Peril of Politics

The Authority of the Court and the Peril of Politics

Author: Stephen Breyer

Publisher: Harvard University Press

Published: 2021-09-14

Total Pages: 113

ISBN-13: 0674269365

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A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.


Book Synopsis The Authority of the Court and the Peril of Politics by : Stephen Breyer

Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.


Courts And Transition In Russia

Courts And Transition In Russia

Author: Peter H., Jr. Solomon

Publisher: Routledge

Published: 2018-02-23

Total Pages: 240

ISBN-13: 0429980884

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It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In Courts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, Courts and Transition in Russia should appeal to anyone interested in law, politics, or business in Russia ? scholars and practitioners alike ? as well as to students of comparative law, legal transition, and courts in new democracies.


Book Synopsis Courts And Transition In Russia by : Peter H., Jr. Solomon

Download or read book Courts And Transition In Russia written by Peter H., Jr. Solomon and published by Routledge. This book was released on 2018-02-23 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In Courts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, Courts and Transition in Russia should appeal to anyone interested in law, politics, or business in Russia ? scholars and practitioners alike ? as well as to students of comparative law, legal transition, and courts in new democracies.


Brief van Dick Riegen (1915-) aan Jan Greshoff (1888-1971)

Brief van Dick Riegen (1915-) aan Jan Greshoff (1888-1971)

Author:

Publisher:

Published: 1951

Total Pages:

ISBN-13:

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Book Synopsis Brief van Dick Riegen (1915-) aan Jan Greshoff (1888-1971) by :

Download or read book Brief van Dick Riegen (1915-) aan Jan Greshoff (1888-1971) written by and published by . This book was released on 1951 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:


Crafting Courts in New Democracies

Crafting Courts in New Democracies

Author: Matthew Ingram

Publisher: Cambridge University Press

Published: 2016

Total Pages: 393

ISBN-13: 1107117321

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This book explores the importance of local courts in enacting positive social and economic reform in Brazil and Mexico.


Book Synopsis Crafting Courts in New Democracies by : Matthew Ingram

Download or read book Crafting Courts in New Democracies written by Matthew Ingram and published by Cambridge University Press. This book was released on 2016 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the importance of local courts in enacting positive social and economic reform in Brazil and Mexico.


Court Unification

Court Unification

Author: Larry Charles Berkson

Publisher:

Published: 1978

Total Pages: 280

ISBN-13:

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Book Synopsis Court Unification by : Larry Charles Berkson

Download or read book Court Unification written by Larry Charles Berkson and published by . This book was released on 1978 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Judicial Politics in Mexico

Judicial Politics in Mexico

Author: Andrea Castagnola

Publisher: Routledge

Published: 2016-11-03

Total Pages: 190

ISBN-13: 1315520591

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After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.


Book Synopsis Judicial Politics in Mexico by : Andrea Castagnola

Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.


Judicial Reform in the States

Judicial Reform in the States

Author: Anthony Champagne

Publisher:

Published: 1993

Total Pages: 216

ISBN-13:

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This book analyzes the politics of judicial selection in seven states from an interest group perspective. It is unique in that it offers a multi-state comparative study in a previously neglected field of political science. Champagne and Haydel and the contributors are scholars interested in state judicial reform and have tried to develop findings on single states into a book which allows the reader to examine developments and patterns of reform movements in several states. Rather than viewing judicial selection as a 'good government' issue, the book explores who gets what and how from selection politics. Contents: Introduction, Anthony Champagne and Judith Haydel; Judicial Reform in North Carolina, James Drennan; Judicial Reform in Ohio, John Felice, John Kilwein and Eliot Slotnick; Judicial Reform in Louisiana, Judith Haydel and Tom Ferrell; Judicial Reform in Texas, Anthony Champagne; Judicial Reform in Pennsylvania, Voorhees Dunn; Judicial Reform in California, John Culver and John Wold; Judicial Reform in Washington, David Burke; Conclusion, Anthony Champagne and Judith Haydel; Index.


Book Synopsis Judicial Reform in the States by : Anthony Champagne

Download or read book Judicial Reform in the States written by Anthony Champagne and published by . This book was released on 1993 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the politics of judicial selection in seven states from an interest group perspective. It is unique in that it offers a multi-state comparative study in a previously neglected field of political science. Champagne and Haydel and the contributors are scholars interested in state judicial reform and have tried to develop findings on single states into a book which allows the reader to examine developments and patterns of reform movements in several states. Rather than viewing judicial selection as a 'good government' issue, the book explores who gets what and how from selection politics. Contents: Introduction, Anthony Champagne and Judith Haydel; Judicial Reform in North Carolina, James Drennan; Judicial Reform in Ohio, John Felice, John Kilwein and Eliot Slotnick; Judicial Reform in Louisiana, Judith Haydel and Tom Ferrell; Judicial Reform in Texas, Anthony Champagne; Judicial Reform in Pennsylvania, Voorhees Dunn; Judicial Reform in California, John Culver and John Wold; Judicial Reform in Washington, David Burke; Conclusion, Anthony Champagne and Judith Haydel; Index.


Supreme Disorder

Supreme Disorder

Author: Ilya Shapiro

Publisher: Simon and Schuster

Published: 2020-09-22

Total Pages: 256

ISBN-13: 1684510724

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"A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.


Book Synopsis Supreme Disorder by : Ilya Shapiro

Download or read book Supreme Disorder written by Ilya Shapiro and published by Simon and Schuster. This book was released on 2020-09-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.