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V9. Judicial Review

Matthew Flinders

in Democratic Drift: Majoritarian Modification and Democratic Anomie in the United Kingdom

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199271597
eISBN:
9780191709234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271597.003.0013
Subject:
Political Science, Comparative Politics, UK Politics

The logic of legal constitutionalism promotes the role of judges as external regulators of political behaviour. It therefore seeks to increase the degree of constitutional rigidity by seeking to ... More


Conservatives and the Courts

Michael Greve

in Crisis of Conservatism?: The Republican Party, the Conservative Movement, and American Politics After Bush

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199764013
eISBN:
9780199897186
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199764013.003.0011
Subject:
Political Science, American Politics

This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability ... More


Judges, politics and the Irish Constitution

Laura Cahillane, James Gallen, and Tom Hickey (eds)

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
book
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.001.0001
Subject:
Law, Legal History

This volume brings together academic scholars and judges together to consider themes flowing from the often complex relationships between ‘law’ and ‘politics’, ‘adjudication’ and ‘policy-making’, the ... More


Merit, diversity and interpretative communities: the (non-party) politics of judicial appointments and constitutional adjudication

David Kenny

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0010
Subject:
Law, Legal History

David Kenny’s chapter examines a recent proposals to eliminate politics from appointments with a system based on solely on ‘merit’. Merit, however, is an ‘empty vessels for substantive norms’ – it is ... More


The Politics of Inclusion and Exclusion Compared

Diane Sainsbury

in Welfare States and Immigrant Rights: The Politics of Inclusion and Exclusion

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199654772
eISBN:
9780191744747
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199654772.003.0011
Subject:
Political Science, Political Economy, Comparative Politics

Chapter 11 ties together the analyses in the preceding three chapters by examining the importance of 1) issue framing, 2) policy venues, policy coalitions and institutional arrangements, 3) the ... More


Punishing the Parlements: Exile, Disgrace, and Judicial Politics

Julian Swann

in Exile, Imprisonment, or Death: The Politics of Disgrace in Bourbon France, 1610-1789

Published in print:
2017
Published Online:
July 2017
ISBN:
9780198788690
eISBN:
9780191830778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198788690.003.0006
Subject:
History, European Early Modern History

The power to disgrace was not limited to individuals and it formed an essential part of the king’s strategy for managing the great corporations of the realm. The episcopate, cities, and provincial ... More


Legalism and Revival of Treason

Duncan McCargo

in Fighting for Virtue: Justice and Politics in Thailand

Published in print:
2020
Published Online:
May 2020
ISBN:
9780801449994
eISBN:
9781501709586
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801449994.003.0001
Subject:
Political Science, Asian Politics

This introductory chapter provides an overview of the political trials that were a marked feature of public life in Thailand in the decade after 2006. The Thai legal system is primarily dedicated to ... More


The Rule of Law Paradigm in a Changing Landscape

Charles Gardner Geyh

in Courting Peril: The Political Transformation of the American Judiciary

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190233495
eISBN:
9780190233518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233495.003.0002
Subject:
Political Science, American Politics

Chapter 2 begins by introducing the core components of the traditional rule of law paradigm, which posits that judges, armed with a measure of independence from external encroachments on their ... More


Politics, Courts and Society in the National Implementation and Practice of European Court of Human Rights Case Law

Dia Anagnostou

in The European Court of Human Rights: Implementing Strasbourg's Judgments on Domestic Policy

Published in print:
2013
Published Online:
January 2014
ISBN:
9780748670574
eISBN:
9780748689101
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748670574.003.0010
Subject:
Law, Human Rights and Immigration

This concluding chapter discusses and analyses the patterns of variation in the domestic implementation of the ECtHR's judgments, as well as the attitudes of national officials, judges and government ... More


The Changing Academic Understanding of American Courts

Charles Gardner Geyh

in Courting Peril: The Political Transformation of the American Judiciary

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190233495
eISBN:
9780190233518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233495.003.0003
Subject:
Political Science, American Politics

Chapter 3 explores the changing academic understanding of judicial independence and decision-making in American courts. It explores contributions made by law professors, political scientists, ... More


The Long Great Society

Matt Grossmann

in Artists of the Possible: Governing Networks and American Policy since 1945

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199967834
eISBN:
9780199370726
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199967834.003.0004
Subject:
Political Science, American Politics

The chapter reviews policy development over time, arguing that the unique features of a single period of policymaking better explain policy history than macro politics models relating political ... More


Hanging and the English Judges: The Judicial Politics of Retention and Abolition

Douglas Hay

in America's Death Penalty: Between Past and Present

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814732663
eISBN:
9780814733042
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814732663.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines the judicial politics underlying the efforts to retain and abolish capital punishment in England. It considers the connection between executive and legal officials and the ... More


The Myth of Judicial Independence

Mike McConville and Luke Marsh

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198822103
eISBN:
9780191861192
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198822103.001.0001
Subject:
Law, Constitutional and Administrative Law, Criminal Law and Criminology

This book on the criminal justice system is uniquely positioned to examine judicial claims to independence, the politics of the judiciary, the rule of law, and the role of the executive in the ... More


State-based Anticorruption Agencies in Indonesia, the Philippines, and Thailand

Garry Rodan and Caroline Hughes

in The Politics of Accountability in Southeast Asia: The Dominance of Moral Ideologies

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703532
eISBN:
9780191772641
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703532.003.0006
Subject:
Political Science, Democratization

In Indonesia, the Philippines, and Thailand, elites have attempted to harness state-based anticorruption agencies to intra-elite struggles while societal groups have sought to render them meaningful ... More


Putting It All Together

Nicole Baerg

in Crafting Consensus: Why Central Bankers Change Their Speech and How Speech Changes the Economy

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190499488
eISBN:
9780190499518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190499488.003.0007
Subject:
Economics and Finance, Public and Welfare

The concluding chapter summarizes the key findings in the manuscript and discusses three main contributions of the book. First, the book shows that variation in the preferences of committee members, ... More


The Rule of Law Paradigm’s Popular Antecedents

Charles Gardner Geyh

in Courting Peril: The Political Transformation of the American Judiciary

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190233495
eISBN:
9780190233518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233495.003.0004
Subject:
Political Science, American Politics

Chapter 4 transcends the contemporary law versus politics impasse, with recourse to cultural understandings of the judicial role dating back millennia, as reflected in folk tales, poems, polemics, ... More


Conclusion

Ilya Somin

in The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.003.0010
Subject:
Law, Constitutional and Administrative Law

The Conclusion summarizes events in New London since the Court’s decision, recapitulates some key lessons of the book, and discusses the future of public use. Nine years after the Kelo decision, the ... More


Adjudication of Disputed Presidential Elections in Africa

O’Brien Kaaba and Charles M Fombad

in Democracy, Elections, and Constitutionalism in Africa

Published in print:
2021
Published Online:
July 2021
ISBN:
9780192894779
eISBN:
9780191915727
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192894779.003.0014
Subject:
Law, Constitutional and Administrative Law

In almost all countries, the presidency is the most powerful and coveted position. Not only does it give access to, and control of, the country’s resources, but it also allows the incumbent control ... More


Battles on Working Time: Rejecting Court Influence

Dorte Sindbjerg Martinsen

in An Ever More Powerful Court?: The Political Constraints of Legal Integration in the European Union

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198753391
eISBN:
9780191815027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753391.003.0004
Subject:
Law, EU Law, Constitutional and Administrative Law

The chapter examines the dynamics between judicial and legislative politics in the EU regulation of working time. The case study unfolds the process through which the Working Time Directive was ... More


Conclusion

Ilya Somin

in The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226256603
eISBN:
9780226256740
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226256740.003.0010
Subject:
Law, Constitutional and Administrative Law

The Conclusion summarizes events in New London since the Court’s decision, recapitulates some key lessons of the book, and discusses the future of public use. Nine years after the Kelo decision, the ... More


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