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The Success 1 of Judicial Review and Democracy

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0005
Subject:
Political Science, Comparative Politics

This is the first of two papers that explore the politics of constitutional review – the power of a court or other organ of government to review the constitutionality of public acts, including ... More


The Early Republic: Establishment

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0002
Subject:
Political Science, American Politics

This chapter examines the establishment of the federal judiciary from the beginning of George Washington's first term as president in 1789 to the end of Thomas Jefferson's first term in 1805. It ... More


The Puzzle of Judicial Institution Building

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0001
Subject:
Political Science, American Politics

This book explores the historical processes contributing to the rise of the federal judiciary as an independent and autonomous institution of governance in the American political system. More ... More


The Interwar and New Deal Years: Bureaucratization

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0006
Subject:
Political Science, American Politics

This chapter examines the bureaucratization of the federal judiciary during the quarter century between the dawn of World War I in 1914 and the dawn of World War II in 1939. It shows how reformers ... More


The Civil War and Reconstruction: Empowerment

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0004
Subject:
Political Science, American Politics

This chapter focuses on the empowerment of the federal judiciary from the Compromise of 1850 (admitting California into the Union as a free state and unofficially signifying the beginning of the ... More


Jeffersonian and Jacksonian Democracy: Reorganization

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0003
Subject:
Political Science, American Politics

This chapter examines the reorganization of the federal judiciary from the beginning of Thomas Jefferson's second term as president in 1805 until just prior to the Compromise of 1850. During the ... More


Modern America: Specialization

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0007
Subject:
Political Science, American Politics

This chapter examines the specialization of the federal judiciary from the start of World War II in 1939 to the election of Bill Clinton's presidential successor in 2000. Coming out of the New Deal, ... More


The Gilded Age and the Progressive Era: Restructuring

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0005
Subject:
Political Science, American Politics

This chapter considers the restructuring of the federal judiciary during the period of Republican dominance from the inauguration of Rutherford B. Hayes in 1877 to the inauguration of Woodrow Wilson ... More


Public Order and Internal Security

Richard Caplan

in International Governance of War-Torn Territories: Rule and Reconstruction

Published in print:
2005
Published Online:
July 2005
ISBN:
9780199263455
eISBN:
9780191602726
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263450.003.0003
Subject:
Political Science, International Relations and Politics

Public order and internal security are the sine qua non of civil rule and, by extension, of the international administration of a territory. Examines international engagement in relation to the triad ... More


Judicial Power in a Political World

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0008
Subject:
Political Science, American Politics

This concluding chapter synthesizes the book's main findings about the architectonic politics of judicial institution building and contextualizes them within contemporary debates. It also reflects ... More


Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Justin Crowe

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.001.0001
Subject:
Political Science, American Politics

How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? ... More


The Evolution of a Nation: How Geography and Law Shaped the American States

Daniel Berkowitz and Karen B. Clay

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691136042
eISBN:
9781400840540
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691136042.001.0001
Subject:
Economics and Finance, Economic History

Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the ... More


The Judicial Authority and Civil Society

al-Sayyed Mustapha Kamel

in Judges and Political Reform in Egypt

Published in print:
2009
Published Online:
January 2012
ISBN:
9789774162015
eISBN:
9781617970993
Item type:
chapter
Publisher:
American University in Cairo Press
DOI:
10.5743/cairo/9789774162015.003.0015
Subject:
Political Science, International Relations and Politics

This chapter demonstrates how judges, acting as an arm of the state, curb the freedom of civil society institutions. It discusses the judges' involvement as a professional association through their ... More


Concluding Remarks

Theodor Meron

in Human Rights and Humanitarian Norms as Customary Law

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198257455
eISBN:
9780191681769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257455.003.0005
Subject:
Law, Public International Law

Many human rights and humanitarian norms have already evolved into customary law. Many more norms will soon be recognized as customary law, and thus acquire universality, binding even those states ... More


Courts and Public Policy Reform in Brazil

in Judging Policy: Courts and Policy Reform in Democratic Brazil

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804758116
eISBN:
9780804786799
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804758116.003.0001
Subject:
Political Science, Comparative Politics

This chapter discusses the theme of this book, which is about the role of the courts in public policy reform in Brazil. The book, which proposes a framework for understanding how courts are drawn ... More


The State, The Crown, and The Executive

Geoffrey Marshall

in Constitutional Theory

Published in print:
1980
Published Online:
March 2012
ISBN:
9780198761211
eISBN:
9780191695148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198761211.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter illustrates the way in which the term ‘State’ is used in ordinary or political conversation, and examines its nature, characteristics, and its practical and theoretical importance. The ... More


Conclusion: Context, Authority, Power

Karen J. Alter, Laurence R. Helfer, and Mikael Rask Madsen

in International Court Authority

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198795582
eISBN:
9780191836909
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795582.003.0023
Subject:
Law, Public International Law, Criminal Law and Criminology

This concluding chapter returns to the conjectures developed in Chapter 2, extracting insights from the book’s empirical chapters to explore how context shapes the authority of ICs. While several of ... More


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