Judges and Unjust Laws

Author: Douglas E Edlin
Publisher: University of Michigan Press
ISBN: 0472034154
Format: PDF, ePub
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Are judges legally obligated to enforce an unjust law?

Common Law Judging

Author: Douglas E Edlin
Publisher: University of Michigan Press
ISBN: 0472130021
Format: PDF, ePub
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Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity

Common law Liberty

Author: James Reist Stoner
Publisher:
ISBN:
Format: PDF, Docs
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"In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.".

Political Constitutionalism

Author: Richard Bellamy
Publisher: Cambridge University Press
ISBN: 9780521683678
Format: PDF, ePub, Docs
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Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.

The Nature of the Judicial Process

Author: Benjamin N. Cardozo
Publisher: Courier Corporation
ISBN: 048616554X
Format: PDF, Docs
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In this legal classic, a former Associate Supreme Court Justice explains the conscious and unconscious processes by which a judge decides a case and the ways rulings are guided and shaped.

Parliamentary Sovereignty

Author: Jeffrey Goldsworthy
Publisher: Cambridge University Press
ISBN: 1139491512
Format: PDF, ePub, Mobi
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This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.

Why Law Matters

Author: Alon Harel
Publisher: Oxford University Press
ISBN: 019964327X
Format: PDF, ePub
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Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.