Judging Democracy

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.

Author: Christopher Manfredi

Publisher: University of Toronto Press

ISBN: 1442604182

Category: Political Science

Page: 160

View: 724

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.

Judging Democracy

This book first published in 2000, is a major political and legal examination of the Australian High Court's new jurisprudence.

Author: Haig Patapan

Publisher: Cambridge University Press

ISBN: 9780521774284

Category: Law

Page: 214

View: 722

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.

Judging Democracy

Insofar as neither nation's constitution offers a clear definition of democratic rights
or an endorsement of a particular ... it is wise for the courts and individual judges
to proceed modestly and avoid incorporating a particular vision of democracy ...

Author: Christopher P. Manfredi

Publisher: University of Toronto Press

ISBN: 9781551117027

Category: Political Science

Page: 152

View: 661

"This is an important, concise, and well-written book that provides readers with bold insights into the converging patterns of jurisprudence in the field of election law in Canada and the United States." - Cynthia Ostberg, University of the Pacific

The Judge in a Democracy

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.

Author: Aharon Barak

Publisher: Princeton University Press

ISBN: 1400827043

Category: Law

Page: 368

View: 395

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 Policy

Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation.

Author: Matthew M. Taylor

Publisher: Stanford University Press

ISBN: 0804786798

Category: Political Science

Page: 248

View: 358

Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts? Drawing on the experience of the Brazilian federal courts since the transition to democracy, Judging Policy examines the judiciary's role in public policy debates. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes. Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation. By analyzing the full Brazilian federal court system—including not only the high court, but also trial and appellate courts—the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems.

Judges on Judging

upon federal representative democracy and guarantees to the states a "
republican form of government . ... Therefore , judges , mindful of the Constitution
, must be extremely cautious in taking decisions away from elected
representatives and ...

Author: David M. O'Brien

Publisher: C Q Press College

ISBN:

Category: Law

Page: 327

View: 362

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.


Taiwan Journal of Democracy

It is a multilevel phenomenon because it involves the acceptance of the liberal
democratic mode of governance and the ... In judging democracy's preferability
compared to other government forms , however , East Asian countries were
divided ...

Author:

Publisher:

ISBN:

Category: Democracy

Page:

View: 621


A Democratic Theory of Judgment

Democracy and the problem of judgment -- Judging at the "end of reasons": rethinking the aesthetic turn -- Historicism, judgment, and the limits of liberalism: the case of Leo Strauss -- Objectivity, judgment, and freedom: rereading Arendt ...

Author: Linda M. G. Zerilli

Publisher: University of Chicago Press

ISBN: 022639798X

Category: Philosophy

Page: 400

View: 220

Democracy and the problem of judgment -- Judging at the "end of reasons": rethinking the aesthetic turn -- Historicism, judgment, and the limits of liberalism: the case of Leo Strauss -- Objectivity, judgment, and freedom: rereading Arendt's "Truth and politics" -- Value pluralism and the "burdens of judgment": John Rawls's political liberalism -- Relativism and the new universalism: feminists claim the right to judge -- From willing to judging: Arendt, Habermas, and the question of '68 -- What on earth is a "form of life"? Judging "alien" cultures according to Peter Winch -- The turn to affect and the problem of judgment: making political sense of the nonconceptual -- Conclusion: judging as a democratic world-building practice

Democracy

For conceived as political method , the standard for judging democracy is not the
degree of centralization or devolution in the decision - making process but rather
the degree to which the system conforms to the basic principles of the ...

Author: Philip Green

Publisher: Humanities Press International

ISBN:

Category: Democracy

Page: 323

View: 375


Democracy in the Americas

Defining Democracy Democracy has lent itself to widely varying definitions .
Nothing has made that clearer than the ... In judging democracy ' s prospects , we
need to distinguish between internal and external factors that strengthen or
weaken ...

Author: Robert A.. Pastor

Publisher: Holmes & Meier Pub

ISBN:

Category: Political Science

Page: 262

View: 203


Support for Democracy in Africa

And if political goods seem to matter more than economic goods in judging
democracy , then we can even cast light on the " intrinsic versus instrumental ”
debate . If democracy is valued by citizens as an end in itself in Africa , then this ...

Author: Michael Bratton

Publisher:

ISBN:

Category: Democracy

Page: 17

View: 645



Politics and Prejudice

The modern scholars in judging the Greek democracy have generally tended to
follow the ancient verdict . Unfortunately no elaborate statement of democratic
political theory has survived . However , an effort has been made to reconstruct it
 ...

Author: O. P. Bakshi

Publisher: Delhi : Publication Division, University of Delhi

ISBN:

Category: Political science

Page: 189

View: 851


Towards Democracy

Attempts to meet what has been called " the counter - majoritarian difficulty ” ( L W
Yackle , " Choosing Judges the Democratic Way " ( 1989 ) 69 Boston University
Law Review pp 273 ) include John Jart Ely , Democracy and Distrust ( 1980 ) ...

Author: André Du Toit

Publisher:

ISBN:

Category: Democracy

Page: 217

View: 243

Introduction: building a democratic culture in South Africa /André du Toit (37 p.). -- Beginning the debate /Alex Boraine, Helen Suzman, Shirley Williams (14 p.). --Government and public sector /Erwin Schwella (19 p.). --Business and labour /Duncan Innes (20 p.). --Extra parliamentary politics /Khehla Shubane (9 p.). -- The Press /Phillip Van Niekerk (12 p.). -- The Judiciary /Edwin Cameron (23 p.). -- Conclusion /André du Toit.

Democracy at the Polls

... 89 television in : 108 Turkish National Salvation party : 35 Turnout rates : 232 –
39 , 261 , 262 judging democratic systems and : 347 motivations for : 258 – 61 ,
263 variations in : 239 - 58 Taagepera , Rein : 21 Tax credits , campaigns and ...

Author: David Butler

Publisher: Washington, D.C. : American Enterprise Institute for Public Policy Research

ISBN:

Category: Political Science

Page: 367

View: 844


Journal of African Elections

perceived to enhance democratic governance but in practice some elections ,
and I emphasise some elections , are ... To this end , Mattes & Bratton ( 2003 , p
15 ) conclude that ' the proper criterion for judging democracy is not so much the
 ...

Author:

Publisher:

ISBN:

Category: Elections

Page:

View: 886



A Philosophy of Democracy as Worked Out by John Dewey

Ion the other hand , " the system of soience is absolutely depend ent for logical
worth upon a moral interest ; the sincere aim to judge truly m2 Further , " 1f the
use made of soientifio resources in acting the act of judging depends upon the ...

Author: Lillian Snow Greenleaf

Publisher:

ISBN:

Category: Democracy

Page: 104

View: 457