Search results for: judging-democracy

Judging Democracy

Author : Christopher Manfredi
File Size : 73.81 MB
Format : PDF, Docs
Download : 336
Read : 198
Download »
In Judging Democracy, Christopher Manfredi and Mark Rush challenge assertions that the Canadian and American Supreme Courts have taken radically different approaches to constitutional interpretation regarding general and democratic rights. Three case studies compare Canadian and American law concerning prisoners' voting rights, the scope and definition of voting rights, and campaign spending. These examples demonstrate that the two Supreme Courts have engaged in essentially the same debates concerning the franchise, access to the ballot, and the concept of a "meaningful" vote. They reveal that the American Supreme Court has never been entirely individualistic in its interpretation and protection of constitutional rights and that there are important similarities in the two Supreme Courts' approaches to constitutional interpretation. Furthermore, the authors demonstrate that an astonishing convergence has occurred in the two courts' thinking concerning the integrity of the democratic process and the need for the judiciary to monitor legislative attempts to regulate the political process in order to promote or ensure political equality. Growing numbers of justices in both courts are now wary of legislative attempts to cloak laws designed to protect incumbents through electoral reform. Judging Democracy thus points to a new direction not only in judicial review and constitutional interpretation but also in democratic theory.

The Judge in a Democracy

Author : Aharon Barak
File Size : 57.44 MB
Format : PDF, Mobi
Download : 406
Read : 155
Download »
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

Judging Democracy

Author : Haig Patapan
File Size : 61.10 MB
Format : PDF, Kindle
Download : 456
Read : 294
Download »
The High Court is taking an increasingly important role in shaping the contours of democracy in Australia. In deciding fundamental democratic questions, does the Court pursue a consistent and overarching democratic vision? Or are its decisions essentially constrained by institutional and practical limitations? "Judging Democracy" addresses this question by examining the Court's recent decisions on human rights, citizenship, native title and separation of powers. It represents the first major political and legal examination of the Court's new jurisprudence and the way it is influencing democracy and the institutions of governance in Australia.

Democracy in a Russian Mirror

Author : Adam Przeworski
File Size : 25.79 MB
Format : PDF, Docs
Download : 142
Read : 1295
Download »
What can we learn about democracy from the experience of post-Soviet Russia? What can we learn about the prospects for democracy in Russia from the experience of 'really existing democracies'? Must some 'pre-requisites', cultural or material, be fulfilled for democracy to become possible? This book examines the current state of Russia and the prospects for democracy, posing several challenges to our understanding of democracy. Thirteen contributors expand the debate over these questions, offering a variety of insights, interpretations, and conclusions vital to understanding the conditions of emergence and survival of successful democracies.

Judging Under Uncertainty

Author : Adrian Vermeule
File Size : 23.57 MB
Format : PDF, Docs
Download : 227
Read : 1292
Download »
In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.

Democracy and Global Warming

Author : Barry Holden
File Size : 83.96 MB
Format : PDF
Download : 736
Read : 202
Download »
How can democracy facilitate an effective response to the problem of global warming? Barry Holden discusses this question from two perspectives. First he looks at the suitability in principle of democratic decision-making for generating responses to the problem: to what extent is popular decision making a viable method of dealing with the complex matter of global warming? Second, he looks at the issue of whether, or to what extent, democracy can exist on a supranational scale, since according to received ideas, democracy occurs only within states and has not been thought applicable to the international realm. Emerging ideas and practices of transnational or global democracy have begun to challenge this perception. Holden looks at the role of global democracy in helping to overcome the crucial difficulty of generating, in a world of individual sovereign states, the collective global response that the global warming problem requires.Democracy and Global Warming will engage and challenge readers with interests in democratic political theory and those concerned with environmental issues and threats.

Essays on the Evolution of the Post Apartheid State

Author : Mapungubwe Institute for Strategic Reflection (MISTRA)
File Size : 78.95 MB
Format : PDF, Mobi
Download : 807
Read : 405
Download »
This book critically examines the challenges, successes, and failures of the post-1994 South African state against the humane values enshrined in its constitution: nonracial democracy and respect for all generations of human rights—civil, political, social, economic, resources and the environment and gender and communication. The book sheds light on the difficulties faced by the State when trying to bring together a diverse society comprised of traditional South African, Western-based and "other" African (immigrant) cultures into a cohesive nation with a common South African identity. The views of the essays may not be entirely consistent and the issues they raise may be contentious. This merely affirms the truism that the State is a contested terrain. The aim of this book is to deepen the search for an understanding of the theory of the State as it applies to a transforming society such as ours and to trudge the dividing line between theory and practice so they can feed into each other in a progressive spiral towards the desired end-state.

Building the UK s New Supreme Court

Author : Andrew P. Le Sueur
File Size : 38.30 MB
Format : PDF, ePub, Mobi
Download : 302
Read : 962
Download »
In the context of the far-reaching reforms proposed for the Appellate Committee House of Lords and the Judicial Committee of the Privy Council, Building the UK's New Supreme Court considers the operation and reform of courts at the apex of the UK's legal systems. The chapters are linked bybroad and overlapping themes. The first of these is the complexity of accommodating national differences within the UK into the institutional design of the new supreme court. It will be not only a court for the UK's three legal systems, and simultaneously a national institution of the whole UK, butit is also likely to be called upon to resolve division of powers disputes within the emerging system of multi-level government. A second theme is the scope for comparative lesson-learning from top courts in other legal systems: the Supreme Court of Canada, the US federal courts system, and theconstitutional courts in Germany and Spain are considered. Thirdly, the connections between the UK's top-level court and other courts, especially intermediate courts of appeal, the European Court of Justice, and the European Court of Human Rights are examined.

Ethics and Human Rights in a Globalized World

Author : Klaus Hoffmann-Holland
File Size : 62.77 MB
Format : PDF, ePub, Mobi
Download : 618
Read : 324
Download »
In a globalized world, an interdisciplinary dialogue on ethics and human rights is possible, necessary and fruitful for jurisprudence. Ethics can serve as a foundation for human rights and also shape "existing" (recognized) human rights. The enforcement of human rights, especially in international criminal law, as well as the implementation structures bring the ideas and principles of rights to life in a globalized world.This work contains articles that were presented at an international and interdisciplinary conference on "Ethics and Human Rights in a Globalized World" in Jerusalem in the fall of 2008. Young researchers from Israel and Germany, who work in the fields of law, philosophy, political science and theology, deal with the foundation of human rights, the conflict between varying human rights and effective implementation structures. Contributors: Aharon Barak, Julia Volkmann-Benkert, Daniel Bogner, Sigrid Boysen, Birte Brodkorb, Ferry Bühring, Felicitas Chen, Hadas Eyal, Tali Gal, Alona Hagay-Frey, Klaus Hoffmann-Holland, Elisa Hoven, Kristina Kühl, Claudia Mahler, Markus-Michael Müller, Salif Nimaga, Kristina Roepstorff, Sarah Wittkopp

Democracy and Association

Author : Mark E. Warren
File Size : 50.93 MB
Format : PDF
Download : 603
Read : 827
Download »
Tocqueville's view that a virtuous and viable democracy depends on robust associational life has become a cornerstone of contemporary democratic theory. Democratic theorists generally agree that issue networks, recreational associations, support circles, religious groups, unions, advocacy groups, and myriad other kinds of associations enhance democracy by cultivating citizenship, promoting public deliberation, providing voice and representation, and enabling varied forms of governance. Yet there has been little work to show how and why different kinds of association have different effects on democracy--many supportive but others minimal or even destructive. This book offers the first systematic assessment of what associations do and don't do for democracy. Mark Warren explains how and when associational life expands the domain, inclusiveness, and authenticity of democracy. He looks at which associations are most likely to foster individuals' capacities for democratic citizenship, provoke political debate, open existing institutions, guide market activities, or bring democratic decision-making to new venues. Throughout, Warren also considers the trade-offs involved, noting, for example, that organizational solidarity can dampen internal dissent and deliberation even as it enhances public deliberation. Blending political and social theory with an eye to social science, Democracy and Association will draw social scientists with interests in democracy, political philosophers, students of public policy, as well as the many activists who fortify the varied landscape we call civil society. As an original analysis of which associational soils yield vigorous democracies, the book will have a major impact on democratic theory and empirical research.

The Struggle of Democracy Against Terrorism

Author : Emanuel Gross
File Size : 37.63 MB
Format : PDF, Docs
Download : 603
Read : 872
Download »
Examines the legal and moral complexities democracies face when dealing with terrorism. This book is useful to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.

Judging Statutes

Author : Robert A. Katzmann
File Size : 68.86 MB
Format : PDF, Docs
Download : 786
Read : 1217
Download »
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Deliberative Democracy in Australia

Author : Gregory Uhr
File Size : 66.30 MB
Format : PDF, ePub, Docs
Download : 824
Read : 1032
Download »
This book evaluates the role and performance of the Australian parliament, and presents a compelling case for reform.

Democracy in America

Author : Alexis de Tocqueville
File Size : 69.28 MB
Format : PDF, ePub
Download : 552
Read : 173
Download »
Tocqueville, Alexis de. Democracy in America. Translated by Henry Reeve, Esq. With an Original Preface and Notes by John C. Spencer. New York: Adlard and Saunders, 1838. xxx, 464 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002025957. ISBN 1-58477-249-2. * Reprint of the first English-language edition. In 1831, Alexis de Tocqueville [1805-1859] and Gustave de Beaumont [fl.1835] were sent to the United States by the French government to study American prisons, which were renowned for their progressive and humane methods. They were pleased to accept this assignment because they were intrigued by the idea of American democracy. Tocqueville and Beaumont spent nine months in the country, traveling as far west as Michigan and as far south as New Orleans. Throughout the tour, Tocqueville used his social connections to arrange meetings with several prominent and influential thinkers of the day. He recorded his thoughts on the structure of the government and the judicial system, and commented on everyday people and the nation's political culture and social institutions. His observations on slavery, in particular, are impassioned and critical. These notes formed the basis of Democracy in America. This landmark work initiated a dialogue about the nature of democracy and the United States and its people that continues to this day.

Judges on Judging

Author : David M. O'Brien
File Size : 62.92 MB
Format : PDF
Download : 968
Read : 234
Download »
How do justices and judges view their role in society? How do they defend their positions against rival and competing positions? Straight from the mouths of United States judges come interesting answers to these interesting questions. In David O'Brien's wide-ranging collection, Supreme Court justices, as well as lower federal court and state court judges, discuss the judicial process, constitutional interpretation, statutory interpretation, judicial federalism, and the role of the judiciary in American politics. A balanced mix of perspectives, these views from the bench feature commentary from such distinguished jurists as Bork, Rehnquist, and Scalia to Brennan, Breyer, Ginsburg, and Marshall.

The Crisis of Liberal Democracy

Author : Kenneth L. Deutsch
File Size : 88.10 MB
Format : PDF, ePub
Download : 243
Read : 1098
Download »
Explores Strauss's teaching on natural right and the tradition of political philosophy and how his perspectives have influenced European and American liberal theory.

Crime Justice and Social Democracy

Author : K. Carrington
File Size : 63.8 MB
Format : PDF, ePub, Mobi
Download : 268
Read : 554
Download »
This is a provocative collection of timely reflections on the state of social democracy and its inextricable links to crime and justice. Authored by some of the world's leading thinkers from the UK, US, Canada and Australia, the volume provides an understanding of socially sustainable societies.

Judging War Crimes And Torture

Author : Yves Beigbeder
File Size : 70.98 MB
Format : PDF, Mobi
Download : 575
Read : 240
Download »
This volume shows that even democratic countries, like France but not France alone, can commit war crimes, crimes against humanity and even be accomplices in genocides. However, past crimes must be recalled and exposed, particularly if they have been hidden, covered by amnesties, and not judicially punished. They must be visible as part of a country's history in order to ensure that they are not repeated.

Judging Appearances

Author : E.E. Kleist
File Size : 40.48 MB
Format : PDF
Download : 993
Read : 478
Download »
Kant's Critique of Judgment accounts for the sharing of a common world, experienced affectively, by a diverse human plurality. In order to appreciate Kant's project, Judging Appearances retrieves the connection between appearance and judgment in the Critique of Judgment. Kleist emphasizes the important but neglected idea of a sensus communis, which provides the indeterminate criterion for judgments regarding appearance. Judging Appearances examines the themes of appearance and judgment against the background of Kant's debt to Leibniz and Shaftesbury. Drawing upon treatments by Husserl, Sartre, Ricoeur and Arendt, Kleist delineates the proto-phenomenological method through which Kant uncovers the idea of a sensus communis. Kleist shows that taste is a discipline of opening oneself to appearance, requiring a subject who dwells in a common world of appearances among a diverse human plurality. This volume will prove valuable for anyone interested in a fresh approach to themes at the heart of Kant's aesthetics.

Transitions to Democracy

Author : Kathryn Stoner
File Size : 47.36 MB
Format : PDF, ePub, Mobi
Download : 610
Read : 950
Download »
As demonstrated by current events in Tunisia and Egypt, oppressive regimes are rarely immune to their citizens’ desire for democratic government. Of course, desire is always tempered by reality; therefore how democratic demands are made manifest is a critical source of study for both political scientists and foreign policy makers. What issues and consequences surround the fall of a government, what type of regime replaces it, and to what extent are these efforts successful? Kathryn Stoner and Michael McFaul have created an accessible book of fifteen case studies from around the world that will help students understand these complex issues. Their model builds upon Guillermo O’Donnell, Philippe C. Schmitter, and Laurence Whitehead's classic work, Transitions from Authoritarian Rule, using a rubric of four identifying factors that can be applied to each case study, making comparison relatively easy. Transitions to Democracy yields strong comparisons and insights. For instance, the study reveals that efforts led by the elite and involving the military are generally unsuccessful, whereas mass mobilization, civic groups, and new media have become significant factors in supporting and sustaining democratic actors. This collection of writings by scholars and practitioners is organized into three parts: successful transitions, incremental transitions, and failed transitions. Extensive primary research and a rubric that can be applied to burgeoning democracies offer readers valuable tools and information.