Regulating our constitutional rights : democratic rule or judicial fiat?, Glidden, William B.

Автор: Brice Dickson, Conor McCormick
Название: The Judicial Mind: A Festschrift for Lord Kerr of Tonaghmore
ISBN: 1509944826 ISBN-13(EAN): 9781509944828
Издательство: Bloomsbury Academic
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Цена: 45400.00 T
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Описание: This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism. Lord Kerr’s judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr’s particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.

Автор: Christopher Slobogin
Название: Virtual Searches: Regulating the Covert World of Technological Policing
ISBN: 1479812161 ISBN-13(EAN): 9781479812165
Издательство: Mare Nostrum (Eurospan)
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Цена: 28430.00 T
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Описание:

A close look at innovations in policing and the law that should govern them
A host of technologies—among them digital cameras, drones, facial recognition devices, night-vision binoculars, automated license plate readers, GPS, geofencing, DNA matching, datamining, and artificial intelligence—have enabled police to carry out much of their work without leaving the office or squad car, in ways that do not easily fit the traditional physical search and seizure model envisioned by the framers of the Constitution. Virtual Searches develops a useful typology for sorting through this bewildering array of old, new, and soon-to-arrive policing techniques. It then lays out a framework for regulating their use that expands the Fourth Amendment’s privacy protections without blindly imposing its warrant requirement, and that prioritizes democratic over judicial policymaking.
The coherent regulatory regime developed in Virtual Searches ensures that police are held accountable for their use of technology without denying them the increased efficiency it provides in their efforts to protect the public. Whether policing agencies are pursuing an identified suspect, constructing profiles of likely perpetrators, trying to find matches with crime scene evidence, collecting data to help with these tasks, or using private companies to do so, Virtual Searches provides a template for ensuring their actions are constitutionally legitimate and responsive to the polity.

Автор: Fallon Jr. Richard H
Название: Cambridge Studies on Civil Rights and Civil Liberties
ISBN: 1108483267 ISBN-13(EAN): 9781108483261
Издательство: Cambridge Academ
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Цена: 70750.00 T
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Описание: This book explains what it means to have a constitutional right - which is often less than people think. It examines how, and why, rights can be outweighed by `compelling governmental interests`. Using historical examples, the book illuminates the nature of the judicial role in protecting genuinely meaningful rights.

Автор: Justin J. Wert
Название: Habeas Corpus in America: The Politics of Individual Rights
ISBN: 0700636021 ISBN-13(EAN): 9780700636020
Издательство: Mare Nostrum (Eurospan)
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Цена: 31760.00 T
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Описание: For most Americans, habeas corpus is the cornerstone of our legal system: the principal constitutional check on arbitrary government power, allowing an arrested person to challenge the legality of his detention. In a study that could not be more timely, Justin Wert reexamines this essential individual right and shows that habeas corpus is not necessarily the check that we've assumed. Habeas corpus, it emerges, is as much a tool of politics as it is of law. In this first study of habeas corpus in an American political context, Wert shifts our collective emphasis from the judicial to the political—toward the changes in the writ influenced by Congress, the president, political parties, state governments, legal academics, and even interest groups. By doing so, he reveals how political regimes have used habeas corpus both to undo the legacies of their predecessors and to establish and enforce their own vision of constitutional governance.

Tracing the history of the writ from the Founding to Hamdi v. Rumsfeld and Boumediene v. Bush, Wert illuminates crucial developmental moments in its evolution. He demonstrates that during the antebellum period, Reconstruction, Gilded Age, Great Society, and the ongoing war on terrorism, habeas corpus has waxed and waned in harmony with the interests of majoritarian politics. Along the way, Wert identifies and explains the political context of fine points of law that many political scientists and historians may not be aware of—such as the exhaustion rule requiring that a federal habeas participant must first exhaust all possible claims for relief in state court, a maneuver by which the post-Reconstruction Court abandoned supervision of race relations in the South.

Especially in light of the new scrutiny of habeas corpus prompted by the Guantnamo detainees, Wert’s book is essential for broadening our understanding of how law and politics continue to intersect after 9/11. Brimming with fresh insights into constitutional development and regime theory, it shows that the Great Writ of Liberty may not be so great as we have supposed—because while it has the potential to enforce conceptions of rights that are consistent with the best ideals of American politics, it also has the potential to enforce its worst aspects as well.

Автор: Fallon R.
Название: The Nature of Constitutional Rights
ISBN: 1108703917 ISBN-13(EAN): 9781108703918
Издательство: Cambridge Academ
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Цена: 29570.00 T
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Описание: This book explains what it means to have a constitutional right - which is often less than people think. It examines how, and why, rights can be outweighed by `compelling governmental interests`. Using historical examples, the book illuminates the nature of the judicial role in protecting genuinely meaningful rights.

Автор: Yowell, Paul
Название: Constitutional rights and constitutional design
ISBN: 1509913599 ISBN-13(EAN): 9781509913596
Издательство: Bloomsbury Academic
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Цена: 89760.00 T
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Описание: The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts. Subject: Public Law, Constitutional & Administrative Law, Comparative Law, Legal Education]

Автор: Giulia Gentile, Mariolina Eliantonio, Matteo Bonelli
Название: Article 47 of the EU Charter and Effective Judicial Protection, Volume 2: The National Courts` Perspectives
ISBN: 150994799X ISBN-13(EAN): 9781509947997
Издательство: Bloomsbury Academic
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Цена: 95040.00 T
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Описание: This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU’s judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts’ approaches. The questionnaire methodology allows for an accurate charting of national courts’ application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.

Автор: Petersen
Название: Proportionality and Judicial Activism
ISBN: 1107177987 ISBN-13(EAN): 9781107177987
Издательство: Cambridge Academ
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Цена: 109830.00 T
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Описание: This book analyses the predominant tool of fundamental rights review in the world - the proportionality test. An empirical and comparative analysis of courts in Canada, Germany and South Africa, it shows that courts avoid using proportionality as a means to make policy through legal decision making.

Автор: Yowell, Paul (university Of Oxford)
Название: Constitutional rights and constitutional design
ISBN: 1509940308 ISBN-13(EAN): 9781509940301
Издательство: Bloomsbury Academic
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Цена: 36950.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.

Автор: James M. Masnov
Название: Rights Reign Supreme: An Intellectual History of Judicial Review and the Supreme Court
ISBN: 1476690529 ISBN-13(EAN): 9781476690520
Издательство: Mare Nostrum (Eurospan)
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Цена: 52670.00 T
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Описание: Judicial review--the power of the United States Supreme Court to nullify unconstitutional laws--has been attacked and celebrated by scholars and statesmen alike. The Court's authority has become exceedingly significant over the past century as it has grown to occupy a more central role in the lives of the American people. The result has been for politicians of both major political parties (as well as scholars) to decry the antidemocratic nature of the judicial power. This book argues that judicial review ensures the survival of the republic, outlining The Court's responsibilities as an instrument of rights theory. It outlines The Court's history of defending the principles established during the American founding that assert the primacy of certain inherent rights. Centering the power of judicial review, chapters detail The Court's reputation as a steward of the Constitution, protecting the rights of the people against the unconstitutional encroachments of the executive and legislative branches and indeed against the fleeting passions of the people themselves.

Автор: Ernst Hirsch Ballin; Gerhard van der Schyff; Maart
Название: European Yearbook of Constitutional Law 2019
ISBN: 9462653585 ISBN-13(EAN): 9789462653580
Издательство: Springer
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Цена: 158380.00 T
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Описание: The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law.

Автор: Ernst Hirsch Ballin; Gerhard van der Schyff; Maart
Название: European Yearbook of Constitutional Law 2019
ISBN: 9462653615 ISBN-13(EAN): 9789462653610
Издательство: Springer
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Цена: 158380.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law.