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Law's Allure explains how, when, and why America's reliance on legal rules and judicial decisions shapes, constrains, saves, and sometimes even kills politics.
By selecting and organizing the most important cases of our nation's history, David O'Brien and new coauthor Gordon Silverstein have managed to make a daunting course manageable for both students and teachers. The inclusion of insightful headnotes and informative special features allows students to place individual cases--and the Court itself--in their larger context.
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
A contemporary, comprehensive look at the Supreme Court cases that have shaped our nation.
Machine generated contents note: 1. Societally penetrated judiciaries and the democratic rule of law; 2. The evolution of judicial regimes; 3. Costa Rica: a liberal judicial regime; 4. Government control regimes in Central America versus the rule of law; 5. Clandestine control in Guatemala; 6. Partisan systems; Conclusion
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
A contemporary, comprehensive look at the Supreme Court cases that have shaped our nation.
An extended, multifaceted case study of a kind not much found in the literature on social cause lawyering. The narrative highlights the forceful presence of California Governor Ronald Reagan and the pivotal role in representing the welfare poor of Ralph Santiago Abascal, a government-funded legal aid attorney and social reform leader. To fight Reagan’s ambitious welfare policy initiatives, Abascal with other legal services lawyers effected meaningful legal change. In joint cause with recipient-led welfare rights organizations, he relied on court litigation not in isolation but as part of an overall strategy that also involved legislative and administrative actions. The empirical landscape ...
Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.
The revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indon...