Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs, Flaherty Martin S.
Автор: Fry Earl H. Название: Revitalizing Governance, Restoring Prosperity, and Restructuring Foreign Affairs: The Pathway to Renaissance America ISBN: 0739197460 ISBN-13(EAN): 9780739197462 Издательство: Bloomsbury Рейтинг: Цена: 107910.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book details fifteen debilitating "fault lines" facing the United States, ranging from Beltway dysfunction, to incoherent foreign policy pursuits. It then offers specific policy solutions, based on best practices, which will erase these fault lines and permit the United States to enter a new era of "Renaissance America" by 2030.
How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-WrightCourt, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority.
The Collision of Political and Legal Time examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history.
A historical, international relations, and legal argument for why there should be a larger judiciary role in American foreign relations
In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this commentary, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches.
Turning first to the founding of the nation, Flaherty shows that the Constitution's original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance all the more critical and he considers implications for modern controversies that the judiciary will continue to confront.
At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Part I. Introduction and Foreign Policy Analysis.- Chapter 1. Introduction.- Chapter 2. Foreign Policy Analysis.- Part II. United States of America.- Chapter 3. SCOTUS (Segment A).- Chapter 4. SCOTUS (Segment B).- Chapter 5. SCOTUS (Segment B).- Chapter 6. SCOTUS (Segment D).- Part III. South Africa.- Chapter 7. Constitutional Court and Supreme Court of Appeal.- Part IV. European Court of Justice.- Chapter 8. ECJ (Segment A).- Chapter 9. ECJ (Segment B).- Chapter 10. ECJ (Segment C).- Part V. Conclusion.- Chapter 11. Concluding Remarks.- Index.
Автор: Jorgensen Malcolm Название: American Foreign Policy Ideology and the International Rule of Law: Contesting Power Through the International Criminal Court ISBN: 1108722377 ISBN-13(EAN): 9781108722377 Издательство: Cambridge University Press Рейтинг: Цена: 58630.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: An accessible account of how American foreign policy ideologies structure competing meanings of the `international rule of law`. International Criminal Court history is reconsidered as contestation between ideological conceptions of international law, between American policymakers and global counterparts, and among American policymakers themselves.
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit.
A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach.
The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs.
Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
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