Brian Bornstein and Monica Miller
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195328677
- eISBN:
- 9780199869954
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328677.001.0001
- Subject:
- Psychology, Forensic Psychology
The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness ...
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The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness swearing to tell “the truth, the whole truth, and nothing but the truth, so help me God,” and so on. But there are numerous other, often subtle ways in which religion and law intersect. This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision making processes of various legal actors, and trial outcomes. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book covers these and related topics in exploring how religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.Less
The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness swearing to tell “the truth, the whole truth, and nothing but the truth, so help me God,” and so on. But there are numerous other, often subtle ways in which religion and law intersect. This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision making processes of various legal actors, and trial outcomes. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book covers these and related topics in exploring how religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.
P. J. Marshall (ed.)
- Published in print:
- 2007
- Published Online:
- January 2012
- ISBN:
- 9780197263945
- eISBN:
- 9780191734038
- Item type:
- book
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197263945.001.0001
- Subject:
- History, Cultural History
Volume 139 of the Proceedings of the British Academy contains thirteen lectures in the humanities and social sciences delivered at the British Academy in 2005. Subject matter ranges from ...
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Volume 139 of the Proceedings of the British Academy contains thirteen lectures in the humanities and social sciences delivered at the British Academy in 2005. Subject matter ranges from archaeological perspectives on the essence of being human to discussions of the UK's Monetary Policy Committee, the role of judges, and Dame Marilyn Strathern on ‘Useful Knowledge’.Less
Volume 139 of the Proceedings of the British Academy contains thirteen lectures in the humanities and social sciences delivered at the British Academy in 2005. Subject matter ranges from archaeological perspectives on the essence of being human to discussions of the UK's Monetary Policy Committee, the role of judges, and Dame Marilyn Strathern on ‘Useful Knowledge’.
Christopher Hood and Martin Lodge
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199269679
- eISBN:
- 9780191604096
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019926967X.003.0006
- Subject:
- Political Science, Comparative Politics
This chapter discusses the loyalty dimension of public service bargains, exploring four types of loyalty-type bargains: judge-, partner-, executive- and jester-type bargains. It gives examples of ...
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This chapter discusses the loyalty dimension of public service bargains, exploring four types of loyalty-type bargains: judge-, partner-, executive- and jester-type bargains. It gives examples of each, discusses the curious case of jester-type bargains, and explores mixes and matches. The chapter shows how these types of loyalty bargain have played out in the German and UK political systems, and discusses the direction of changes over time.Less
This chapter discusses the loyalty dimension of public service bargains, exploring four types of loyalty-type bargains: judge-, partner-, executive- and jester-type bargains. It gives examples of each, discusses the curious case of jester-type bargains, and explores mixes and matches. The chapter shows how these types of loyalty bargain have played out in the German and UK political systems, and discusses the direction of changes over time.
William Domnarski
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195374599
- eISBN:
- 9780199871452
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374599.001.0001
- Subject:
- Law, Legal Profession and Ethics
The power and influence of the federal judiciary has been widely discussed and understood. And while there have been a fair number of institutional studies of individual district courts or courts of ...
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The power and influence of the federal judiciary has been widely discussed and understood. And while there have been a fair number of institutional studies of individual district courts or courts of appeal, there have been very few studies of the judiciary that emphasize the judges themselves. Although previous studies provide numerous statistical facts, they do not answer the two most important questions relating to the federal judiciary: who the judges are and what they do. Federal Judges Revealed considers approximately one hundred oral histories of Article Three judges, extracting the most important information. The material is organized thematically so that practitioners can easily access professional areas of interest. Topics include “How judges write their opinions” and “What judges believe make a good lawyer”. The book considers the background of the judges through college, law school, military service, clerkships, practice lives, and their appointments to the federal bench. It allows the reader to evaluate Federal judges based on their own words without an intermediary.Less
The power and influence of the federal judiciary has been widely discussed and understood. And while there have been a fair number of institutional studies of individual district courts or courts of appeal, there have been very few studies of the judiciary that emphasize the judges themselves. Although previous studies provide numerous statistical facts, they do not answer the two most important questions relating to the federal judiciary: who the judges are and what they do. Federal Judges Revealed considers approximately one hundred oral histories of Article Three judges, extracting the most important information. The material is organized thematically so that practitioners can easily access professional areas of interest. Topics include “How judges write their opinions” and “What judges believe make a good lawyer”. The book considers the background of the judges through college, law school, military service, clerkships, practice lives, and their appointments to the federal bench. It allows the reader to evaluate Federal judges based on their own words without an intermediary.
Francesco Parisi and Vincy Fon
- Published in print:
- 2009
- Published Online:
- January 2009
- ISBN:
- 9780195374155
- eISBN:
- 9780199871834
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374155.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book explores the relative advantages and limits of alternative sources of law. It views the sources of law through a law and economics lens, and considers the important issue of institutional ...
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This book explores the relative advantages and limits of alternative sources of law. It views the sources of law through a law and economics lens, and considers the important issue of institutional design in lawmaking. It considers the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement. The book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. It provides an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. It also considers the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explores sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.Less
This book explores the relative advantages and limits of alternative sources of law. It views the sources of law through a law and economics lens, and considers the important issue of institutional design in lawmaking. It considers the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement. The book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. It provides an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. It also considers the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explores sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.
Lucy O'Brien and Matthew Soteriou (eds)
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199225989
- eISBN:
- 9780191710339
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199225989.001.0001
- Subject:
- Philosophy, Philosophy of Mind
This book investigates the neglected topic of mental action, and shows its importance for the metaphysics, epistemology, and phenomenology of mind. Twelve chapters address such questions as the ...
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This book investigates the neglected topic of mental action, and shows its importance for the metaphysics, epistemology, and phenomenology of mind. Twelve chapters address such questions as the following: Which phenomena should we count as mental actions — imagining, remembering, judging, for instance? How should we explain our knowledge of our mental actions, and what light does that throw on self-knowledge in general? What contributions do mental actions make to our consciousness? What is the relationship between the voluntary and the active, in the mental sphere? What are the similarities and differences between mental and physical action, and what can we learn about each from the other?Less
This book investigates the neglected topic of mental action, and shows its importance for the metaphysics, epistemology, and phenomenology of mind. Twelve chapters address such questions as the following: Which phenomena should we count as mental actions — imagining, remembering, judging, for instance? How should we explain our knowledge of our mental actions, and what light does that throw on self-knowledge in general? What contributions do mental actions make to our consciousness? What is the relationship between the voluntary and the active, in the mental sphere? What are the similarities and differences between mental and physical action, and what can we learn about each from the other?
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0002
- Subject:
- Political Science, European Union
The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the ...
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The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the integration process since 1959, which argues that the European market and polity developed symbiotically, as the activities of economic actors, organized interests, litigators and judges, and the EC's legislative and regulatory organs became linked, to create a self‐sustaining, dynamic system. Second, the ‘constitutionalization’ of the treaty system is investigated, and the activities of the European Court of Justice (ECJ) surveyed; among other things, constitutionalization secured property rights for transnational market actors, expanded the discretionary powers of national judges, and reduced the EC's intergovernmental character. Third, the relationship between the ECJ and the national courts is considered, focusing on how intra‐judicial conflict and cooperation have shaped the production of specific constitutional doctrines; through these ‘constitutional dialogues’, the supremacy of EC law was gradually achieved, rendering it judicially enforceable. Overall, the chapter situates the development of the European legal system within the overall process of European integration.Less
The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the integration process since 1959, which argues that the European market and polity developed symbiotically, as the activities of economic actors, organized interests, litigators and judges, and the EC's legislative and regulatory organs became linked, to create a self‐sustaining, dynamic system. Second, the ‘constitutionalization’ of the treaty system is investigated, and the activities of the European Court of Justice (ECJ) surveyed; among other things, constitutionalization secured property rights for transnational market actors, expanded the discretionary powers of national judges, and reduced the EC's intergovernmental character. Third, the relationship between the ECJ and the national courts is considered, focusing on how intra‐judicial conflict and cooperation have shaped the production of specific constitutional doctrines; through these ‘constitutional dialogues’, the supremacy of EC law was gradually achieved, rendering it judicially enforceable. Overall, the chapter situates the development of the European legal system within the overall process of European integration.
Adrian Vermeule
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199838455
- eISBN:
- 9780199932481
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199838455.001.0001
- Subject:
- Law, Constitutional and Administrative Law
A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. This book analyzes constitutionalism through ...
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A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. This book analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science, and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, this book explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.Less
A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. This book analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science, and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, this book explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.
Robert C. Solomon
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195181579
- eISBN:
- 9780199786602
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195181573.003.0008
- Subject:
- Philosophy, History of Philosophy
Camus’s last novel, The Fall, returns to the Absurd and individual experience and the conflict between experience and reflection. Clamence is a brilliant but burnt out Parisian lawyer languishing ...
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Camus’s last novel, The Fall, returns to the Absurd and individual experience and the conflict between experience and reflection. Clamence is a brilliant but burnt out Parisian lawyer languishing away in gloomy Amsterdam. Having escaped from what he describes as his perverse role in the French judicial system, he is living the rest of his days as what he calls a “judge-penitent”, wallowing in his own guilt and doing whatever it takes to escape judgment. But this chapter analyzes the story by focusing on Clamence’s overweening pride.Less
Camus’s last novel, The Fall, returns to the Absurd and individual experience and the conflict between experience and reflection. Clamence is a brilliant but burnt out Parisian lawyer languishing away in gloomy Amsterdam. Having escaped from what he describes as his perverse role in the French judicial system, he is living the rest of his days as what he calls a “judge-penitent”, wallowing in his own guilt and doing whatever it takes to escape judgment. But this chapter analyzes the story by focusing on Clamence’s overweening pride.
Martin Shapiro and Alec Stone Sweet
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199256488
- eISBN:
- 9780191600234
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256489.001.0001
- Subject:
- Political Science, Comparative Politics
Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and ...
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Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In this book, two leading political scientists present a compilation of their research in 11 papers (some old, some new) that focus on how to build and test a social science and politics of law, courts, and judging. Chapters 1–5 each contain two pieces, one by each author addressing a common topic. Each pair of papers is preceded by co-authored introductions that explain how the materials presented relate to the more general purpose of developing a broad-gauge social science research agenda on law and courts, discuss the original motivations for writing the papers, and trace important (but perhaps not always obvious) connections between the two offerings. Chapter 6 consists of a co-authored piece. The opening chapter features Shapiro’s classic ‘Political Jurisprudence’, and Stone Sweet’s ‘Judicialization and the Construction of Governance’, pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: the strategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the law-making dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping ‘judicialization of politics’ around the world. Chosen empirical settings include the United States, the GATT–WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria.Less
Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In this book, two leading political scientists present a compilation of their research in 11 papers (some old, some new) that focus on how to build and test a social science and politics of law, courts, and judging. Chapters 1–5 each contain two pieces, one by each author addressing a common topic. Each pair of papers is preceded by co-authored introductions that explain how the materials presented relate to the more general purpose of developing a broad-gauge social science research agenda on law and courts, discuss the original motivations for writing the papers, and trace important (but perhaps not always obvious) connections between the two offerings. Chapter 6 consists of a co-authored piece. The opening chapter features Shapiro’s classic ‘Political Jurisprudence’, and Stone Sweet’s ‘Judicialization and the Construction of Governance’, pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: the strategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the law-making dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping ‘judicialization of politics’ around the world. Chosen empirical settings include the United States, the GATT–WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria.
John Bell
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199535026
- eISBN:
- 9780191715860
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199535026.003.0012
- Subject:
- Political Science, Comparative Politics, European Union
Leadership does not always come from leaders. Laws provide for its exercise or constraint and the European Court of Justice (ECJ) gives legal but not political leadership. The 2005 constitutional ...
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Leadership does not always come from leaders. Laws provide for its exercise or constraint and the European Court of Justice (ECJ) gives legal but not political leadership. The 2005 constitutional treaty did not create a favourable climate of opinion for the proposed changed EU leadership through a stable president of the European Council. Nor would it have transformed the ECJ into a genuine constitutional court through its discretion on remedies. Its main contribution is as the reactive leader of the legal community of national judges in implementation of Union — wide norms with an integrationist bent. The ECJ's interpretive approach is preoccupied with achieving uniformity and consistency of integration in the market for goods and the treatment of individuals.Less
Leadership does not always come from leaders. Laws provide for its exercise or constraint and the European Court of Justice (ECJ) gives legal but not political leadership. The 2005 constitutional treaty did not create a favourable climate of opinion for the proposed changed EU leadership through a stable president of the European Council. Nor would it have transformed the ECJ into a genuine constitutional court through its discretion on remedies. Its main contribution is as the reactive leader of the legal community of national judges in implementation of Union — wide norms with an integrationist bent. The ECJ's interpretive approach is preoccupied with achieving uniformity and consistency of integration in the market for goods and the treatment of individuals.
Mark Henaghan
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199652501
- eISBN:
- 9780191739217
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199652501.003.0004
- Subject:
- Law, Family Law, Human Rights and Immigration
This chapter discusses why judges should be aware of Childhood Studies. A judgment written from a Childhood Studies perspective is built around looking at what is happening, not from the parents' ...
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This chapter discusses why judges should be aware of Childhood Studies. A judgment written from a Childhood Studies perspective is built around looking at what is happening, not from the parents' point of view, or the judge's point of view, but primarily from a child's point of view. The ultimate decision is still for the judge, but it is more likely to be a decision about the particular child if the judge fully understands, takes account of, and carefully considers the weight to be given to the particular views of the particular child. The weight to be given to the child's views should not be based on the child's age and maturity, but based on all of the circumstances of the particular case.Less
This chapter discusses why judges should be aware of Childhood Studies. A judgment written from a Childhood Studies perspective is built around looking at what is happening, not from the parents' point of view, or the judge's point of view, but primarily from a child's point of view. The ultimate decision is still for the judge, but it is more likely to be a decision about the particular child if the judge fully understands, takes account of, and carefully considers the weight to be given to the particular views of the particular child. The weight to be given to the child's views should not be based on the child's age and maturity, but based on all of the circumstances of the particular case.
Nathalie Bernard-Maugiron (ed.)
- Published in print:
- 2009
- Published Online:
- January 2012
- ISBN:
- 9789774162015
- eISBN:
- 9781617970993
- Item type:
- book
- Publisher:
- American University in Cairo Press
- DOI:
- 10.5743/cairo/9789774162015.001.0001
- Subject:
- Political Science, International Relations and Politics
This title presents a wide-ranging review of the relationship between the Egyptian judiciary and the government. If justice in the Arab world is often marked by a lack of autonomy of the judiciary ...
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This title presents a wide-ranging review of the relationship between the Egyptian judiciary and the government. If justice in the Arab world is often marked by a lack of autonomy of the judiciary toward the executive power, one of the characteristic features of the Egyptian judiciary lies in its strength and activism in the defense of democratic values. Judges have been struggling for years to enhance their independence from the executive power and exercise full supervision of the electoral process to achieve transparent elections. Recent years have seen growing tensions in Egypt between the judiciary and the executive authority. In order to gain concessions, judges went as far as to threaten to boycott the supervision of the presidential and legislative elections in the fall of 2005 and to organize sit-ins in the streets. The struggle between the two powers was in full swing in the spring of 2006, when a conference convened in Cairo in early April on the theme of the role of judges in the process of political reform in Egypt and the Arab world. The conference was organized by the Cairo Institute for Human Rights Studies (CIHRS) in cooperation with the Institut de Recherche pour le Developpement (IRD).Less
This title presents a wide-ranging review of the relationship between the Egyptian judiciary and the government. If justice in the Arab world is often marked by a lack of autonomy of the judiciary toward the executive power, one of the characteristic features of the Egyptian judiciary lies in its strength and activism in the defense of democratic values. Judges have been struggling for years to enhance their independence from the executive power and exercise full supervision of the electoral process to achieve transparent elections. Recent years have seen growing tensions in Egypt between the judiciary and the executive authority. In order to gain concessions, judges went as far as to threaten to boycott the supervision of the presidential and legislative elections in the fall of 2005 and to organize sit-ins in the streets. The struggle between the two powers was in full swing in the spring of 2006, when a conference convened in Cairo in early April on the theme of the role of judges in the process of political reform in Egypt and the Arab world. The conference was organized by the Cairo Institute for Human Rights Studies (CIHRS) in cooperation with the Institut de Recherche pour le Developpement (IRD).
Alan M. Dershowitz
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195158076
- eISBN:
- 9780199869848
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195158075.003.0001
- Subject:
- Political Science, American Politics
Presents the author's strong opinions on the ending of the 2000 US presidential election. Starts by pointing out that the five justices who ended the 2000 election by stopping the Florida hand ...
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Presents the author's strong opinions on the ending of the 2000 US presidential election. Starts by pointing out that the five justices who ended the 2000 election by stopping the Florida hand recount have damaged the credibility of the US Supreme Court, and that their lawless decision in Bush vs Gore promises to have a more enduring impact on Americans than the outcome of the election itself. The USA accepted the election of George W. Bush, as it must under the rule of law, but the unprecedented decision of the five justices to substitute their political judgement for that of the people threatens to undermine the moral authority of the high court for generations to come — for the Supreme Court consists of only nine relatively unknown justices with small staffs, and it has wielded an enormous influence on US history. The majority ruling in Bush vs Gore has marked a number of significant firsts in American history; these are outlined and it is noted that there is now a widespread loss of confidence that reaches to the highest part of the judiciary, that the Supreme Court decision may well have violated Article II of the Constitution, and, furthermore, determined a presidential election on doubtful equal protection grounds. Attempts to explain the Court's decision and the justices concerned, and establish how the USA has reached the point where five unelected judges could have had so much influence on the political destiny of a nation.Less
Presents the author's strong opinions on the ending of the 2000 US presidential election. Starts by pointing out that the five justices who ended the 2000 election by stopping the Florida hand recount have damaged the credibility of the US Supreme Court, and that their lawless decision in Bush vs Gore promises to have a more enduring impact on Americans than the outcome of the election itself. The USA accepted the election of George W. Bush, as it must under the rule of law, but the unprecedented decision of the five justices to substitute their political judgement for that of the people threatens to undermine the moral authority of the high court for generations to come — for the Supreme Court consists of only nine relatively unknown justices with small staffs, and it has wielded an enormous influence on US history. The majority ruling in Bush vs Gore has marked a number of significant firsts in American history; these are outlined and it is noted that there is now a widespread loss of confidence that reaches to the highest part of the judiciary, that the Supreme Court decision may well have violated Article II of the Constitution, and, furthermore, determined a presidential election on doubtful equal protection grounds. Attempts to explain the Court's decision and the justices concerned, and establish how the USA has reached the point where five unelected judges could have had so much influence on the political destiny of a nation.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0022
- Subject:
- Political Science, Democratization
On August 31, a “special committee,” consisting of 45 members of the House of Peers, began a series of secret meetings that would last until October 3. Attention focused again on the emperor's role ...
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On August 31, a “special committee,” consisting of 45 members of the House of Peers, began a series of secret meetings that would last until October 3. Attention focused again on the emperor's role (kokutai), popular sovereignty, and the proposed electoral review of judges. Peers also criticized the American‐sounding rhetoric of the preamble and the notion in Chapter X of the constitution as “supreme law.” Notable during these debates were exchanges between Takayanagi Kenzō and Sasaki Sōichi. In the end, after making a few minor amendments, the House of Peers added its approval of the revision.Less
On August 31, a “special committee,” consisting of 45 members of the House of Peers, began a series of secret meetings that would last until October 3. Attention focused again on the emperor's role (kokutai), popular sovereignty, and the proposed electoral review of judges. Peers also criticized the American‐sounding rhetoric of the preamble and the notion in Chapter X of the constitution as “supreme law.” Notable during these debates were exchanges between Takayanagi Kenzō and Sasaki Sōichi. In the end, after making a few minor amendments, the House of Peers added its approval of the revision.
Patrick Polden
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258819
- eISBN:
- 9780191718151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258819.003.0030
- Subject:
- Law, Legal History
This chapter on the judiciary in the 19th century begins with a discussion of the judges of the superior courts. It then discusses county court judges and stipendiary magistrates.
This chapter on the judiciary in the 19th century begins with a discussion of the judges of the superior courts. It then discusses county court judges and stipendiary magistrates.
Randy E. Barnett
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691159737
- eISBN:
- 9781400848133
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159737.003.0016
- Subject:
- Law, Constitutional and Administrative Law
In this afterword, the author reflects on the lessons that he has learned since the publication of the book's first edition in 2004 from the realms of both constitutional scholarship and ...
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In this afterword, the author reflects on the lessons that he has learned since the publication of the book's first edition in 2004 from the realms of both constitutional scholarship and constitutional law. He highlights some areas where his thinking has developed since the book's original publication in ways that should be of interest to readers. These include individual popular sovereignty and presumed consent, whether the Constitution protected economic liberty, how judges can protect the rights retained by the people without identifying them, the empirical nature of the new originalism, the gravitational force of originalism, and the so-called “Constitution in Exile movement.” The author concludes by rejecting the notion that this book offers a “libertarian” interpretation of the Constitution.Less
In this afterword, the author reflects on the lessons that he has learned since the publication of the book's first edition in 2004 from the realms of both constitutional scholarship and constitutional law. He highlights some areas where his thinking has developed since the book's original publication in ways that should be of interest to readers. These include individual popular sovereignty and presumed consent, whether the Constitution protected economic liberty, how judges can protect the rights retained by the people without identifying them, the empirical nature of the new originalism, the gravitational force of originalism, and the so-called “Constitution in Exile movement.” The author concludes by rejecting the notion that this book offers a “libertarian” interpretation of the Constitution.
Stephen Macedo
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166483
- eISBN:
- 9781400865857
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166483.003.0010
- Subject:
- Law, Family Law
This chapter examines the Kody Brown case and the issues it raised regarding polygamy. In 2013, a federal court in Utah struck down that state's criminal prohibition based on considerations ...
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This chapter examines the Kody Brown case and the issues it raised regarding polygamy. In 2013, a federal court in Utah struck down that state's criminal prohibition based on considerations altogether different from those taken into account in British Columbia. The case involved Kody Brown and his four wives. The Browns are “members of a religious group that believes polygamy is a core religious practice.” The county attorney charged with defending the Utah law in the federal district court filed a seven-page memorandum that Judge Clark Waddoups described as lacking in substance. The chapter discusses Waddoups's claim about the perceived “social harm” of Mormon polygamy and asks whether legal prohibitions against adult incest can be justified when partners avoid having children. Finally, it considers the new, “postmodern” form of plural relationship known as polyamory.Less
This chapter examines the Kody Brown case and the issues it raised regarding polygamy. In 2013, a federal court in Utah struck down that state's criminal prohibition based on considerations altogether different from those taken into account in British Columbia. The case involved Kody Brown and his four wives. The Browns are “members of a religious group that believes polygamy is a core religious practice.” The county attorney charged with defending the Utah law in the federal district court filed a seven-page memorandum that Judge Clark Waddoups described as lacking in substance. The chapter discusses Waddoups's claim about the perceived “social harm” of Mormon polygamy and asks whether legal prohibitions against adult incest can be justified when partners avoid having children. Finally, it considers the new, “postmodern” form of plural relationship known as polyamory.
Emily M. Calhoun
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195399745
- eISBN:
- 9780199894444
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195399745.001.0001
- Subject:
- Law, Constitutional and Administrative Law
Constitutional “losers” represent a thorny and longstanding problem in American constitutional law. Given the adversarial system in the United States, the way that rights cases are decided means that ...
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Constitutional “losers” represent a thorny and longstanding problem in American constitutional law. Given the adversarial system in the United States, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury. This book draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, the book contends, the role of judges needs to be reconceptualized. It contends that the Court should not perceive itself simply as an adversarial forum, but also as a “transactional” one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss.Less
Constitutional “losers” represent a thorny and longstanding problem in American constitutional law. Given the adversarial system in the United States, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury. This book draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, the book contends, the role of judges needs to be reconceptualized. It contends that the Court should not perceive itself simply as an adversarial forum, but also as a “transactional” one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss.
David M. Beatty
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199269808
- eISBN:
- 9780191710063
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199269808.001.0001
- Subject:
- Law, Philosophy of Law
This book addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, ...
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This book addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same-sex marriages, women in the military, and rights to basic shelter and life-saving medical treatment are evaluated and compared. The book develops a radical alternative to the conventional view that judges decide these cases by engaging in an essentially interpretative, and thus subjective, act, relying ultimately on their personal beliefs and political opinions. The book shows that it is possible to exercise impartiality and objectivity in judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, the book concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.Less
This book addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same-sex marriages, women in the military, and rights to basic shelter and life-saving medical treatment are evaluated and compared. The book develops a radical alternative to the conventional view that judges decide these cases by engaging in an essentially interpretative, and thus subjective, act, relying ultimately on their personal beliefs and political opinions. The book shows that it is possible to exercise impartiality and objectivity in judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, the book concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.
