Автор: Qi, Ding Название: Power of the supreme people`s court ISBN: 036718950X ISBN-13(EAN): 9780367189501 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Нет в наличии. Описание: This book explores the recent development of the Supreme People`s Court of China, the world`s largest highest court.
Автор: Schmidhauser John R. Название: The Supreme Court as Final Arbiter in Federal-State Relations, 1789-1957 ISBN: 0807879371 ISBN-13(EAN): 9780807879375 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 52670.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In analyzing the Supreme Court's powers in federal-state relations, the author demonstrates that the framers of the constitution clearly intended that the Court should be the federal umpire, thus disproving a charge by modern states' righters of usurpation of power by the Supreme Court. In each historical period the effect of the Court interpretations on the autonomy of the state governments and on the acceleration of federal centralization is considered.<BR><BR>A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.<BR>
Like our divided nation, the Supreme Court is polarized. But does a split among Supreme Court justices—particularly when it occurs along ideological lines—hurt public perception and the Court’s ability to muster popular support for its rulings? Michael Salamone’s Perceptions of a Polarized Court offers the first comprehensive, empirical analysis of how divisiveness affects the legitimacy of the Court’s decisions.
Salamone looks specifically at the Roberts Court years—which are characterized by unprecedented ideological and partisan polarization among the justices—to evaluate the public consequences of divided Supreme Court rulings. He also analyzes both the media’s treatment of Supreme Court decisions and public opinion toward the Court’s rulings to show how public acceptance is (or is not) affected.
Salmone contends that judicial polarization has had an impact on the manner in which journalists report on the Supreme Court. However, contrary to expectation, Court dissent may help secure public support by tapping into core democratic values.
Автор: Rachel Cahill-O`Callaghan Название: Values in the Supreme Court: Decisions, Division and Diversity ISBN: 1509921850 ISBN-13(EAN): 9781509921850 Издательство: Bloomsbury Academic Рейтинг: Цена: 84480.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book examines the significance of values in Supreme Court decision making. Drawing on theories and techniques from psychology, it focuses on the content analysis of judgments and uses a novel methodology to reveal the values that underpin decision making. The book centres on cases which divide judicial opinion: Dworkin’s hard cases 'in which the result is not clearly dictated by statute or precedent’. In hard cases, there is real uncertainty about the legal rules that should be applied, and factors beyond traditional legal sources may influence the decision-making process. It is in these uncertain cases – where legal developments can rest on a single judicial decision – that values are revealed in the judgments. The findings in this book have significant implications for developments in law, judicial decision making and the appointment of the judiciary.
Автор: Peter McCormick, Marc D. Zanoni Название: By the Court: Anonymous Judgments at the Supreme Court of Canada ISBN: 077486172X ISBN-13(EAN): 9780774861724 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 30050.00 T Наличие на складе: Нет в наличии. Описание: Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a “By the Court” format. This transformative approach abandons the common law tradition of attributing decisions to individual judges. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Peter McCormick and Marc Zanoni explore the origins, purposes, and potential future of “By the Court,” framing this practice as uniquely Canadian, and the most dramatic form of a modern style that highlights the institution and downplays individual contributions.
Автор: Peter McCormick, Marc D. Zanoni Название: By the Court: Anonymous Judgments at the Supreme Court of Canada ISBN: 0774861711 ISBN-13(EAN): 9780774861717 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 75200.00 T Наличие на складе: Нет в наличии. Описание: Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a “By the Court” format. This transformative approach abandons the common law tradition of attributing decisions to individual judges. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Peter McCormick and Marc Zanoni explore the origins, purposes, and potential future of “By the Court,” framing this practice as uniquely Canadian, and the most dramatic form of a modern style that highlights the institution and downplays individual contributions.
Автор: Dunn, Mark Название: Texas people`s court ISBN: 162349978X ISBN-13(EAN): 9781623499785 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 28650.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Based on interviews with 200 justices of the peace from all parts of Texas, Texas People`s Court takes readers on a tour of what it means to be a Texas justice of the peace: an experience that is by turns hilarious, sobering, heart-wrenching, and, from one end to the other, fascinating.
Автор: Lewis Graham Название: Judicial Individuality on the UK Supreme Court ISBN: 1509971106 ISBN-13(EAN): 9781509971107 Издательство: Bloomsbury Academic Рейтинг: Цена: 89760.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book presents an empirical analysis of the UK Supreme Court’s output over its first ten years, with a specific focus on each individual judge’s contribution to each case. It shows that judges, like all of us, are human; it would be difficult to imagine that any of us, even in our most professional capacity, could act completely independently of our predilections, motivations and biases. The same is true for the judges sitting on the UK’s highest court.Drawing on insights from a bespoke dataset of judgments, this work discerns trends and tendencies across each judge’s voting patterns and the reasoning they adopt when disposing of cases. It not only highlights areas of divergence, but also shows how each of the judges tended to vote in different contexts, including which were more likely to overturn appeals from lower courts, side with certain parties such as the state or underdogs, and find liability in various areas (tort, contract, criminal, EU, immigration and tax law, with a special focus on human rights cases). Another section illustrates the differences between the judges when it comes to judicial reasoning, such as their approach to precedent and preferred methods of statutory interpretation. This work shows that different judges exercise their power in different ways. Some are more comfortable with pushing boundaries whilst others are more restrained. Some grant the state a lot of leeway whilst others apply heavy scrutiny. Some are, as Lord Denning suggested, 'bold spirits' whilst others are 'timorous souls'. It shows, at least when it comes to the Supreme Court, that it matters who our judges are.
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.
Автор: Baum Lawrence Название: Ideology in the Supreme Court ISBN: 0691204136 ISBN-13(EAN): 9780691204130 Издательство: Wiley Рейтинг: Цена: 29570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
Ideology in the Supreme Court is the first book to analyze the process by which the ideological stances of U.S. Supreme Court justices translate into the positions they take on the issues that the Court addresses. Eminent Supreme Court scholar Lawrence Baum argues that the links between ideology and issues are not simply a matter of reasoning logically from general premises. Rather, they reflect the development of shared understandings among political elites, including Supreme Court justices. And broad values about matters such as equality are not the only source of these understandings. Another potentially important source is the justices' attitudes about social or political groups, such as the business community and the Republican and Democratic parties.
The book probes these sources by analyzing three issues on which the relative positions of liberal and conservative justices changed between 1910 and 2013: freedom of expression, criminal justice, and government takings of property. Analyzing the Court's decisions and other developments during that period, Baum finds that the values underlying liberalism and conservatism help to explain these changes, but that justices' attitudes toward social and political groups also played a powerful role.
Providing a new perspective on how ideology functions in Supreme Court decision making, Ideology in the Supreme Court has important implications for how we think about the Court and its justices.
Автор: James H. Davenport Название: Western Water Rights and the U.S. Supreme Court ISBN: 1476681201 ISBN-13(EAN): 9781476681207 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 46200.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Exploring the little-known history behind the legal doctrine of prior appropriation - ""first in time is first in right"" - used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922).
Автор: Flaherty Martin S. Название: Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs ISBN: 0691204780 ISBN-13(EAN): 9780691204789 Издательство: Wiley Рейтинг: Цена: 40690.00 T Наличие на складе: Нет в наличии. Описание: Set in a small South African mining town, against an Eighties backdrop of political and border conflict, Nick Theron fifteen, going on sixteen, is enjoying the freedom of a typical white childhood. Until new boy Michael Dempsey arrives in town. Worldly, charming ... and sociopathic ...
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