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Judicial Vetoes
"Constitutional courts in many countries seek to constrain elected actors often by striking down or vetoing their laws. A large proportion of these courts select their judges through a mixed selection method which allows different institutions, often branches of government, to each select a specific number of judges to the court. This book investigates how the mixed selection method operates in practice on the Chilean Constitutional Tribunal, and the Colombian Constitutional Court. Separate institutions choose different types of constitutional adjudicators to these two courts who in turn have different propensities for vetoing or striking down laws. The presence of different types of judges ...
Judicial Vetoes
How does the selection of judges influence the work they do in important constitutional courts? Does mixed judicial selection, which allows more players to choose judges, result in a court that is more independent and one that can check powerful executives and legislators? Existing literature on constitutional courts tends to focus on how judicial behaviour is motivated by judges' political preferences. Lydia Brashear Tiede argues for a new approach, showing that, under mixed selection, institutions choose different types of judges who represent different approaches to constitutional adjudication and thus have different propensities for striking down laws. Using empirical evidence from the constitutional courts of Chile and Colombia, this book develops a framework for understanding the factors, external and internal to courts, which lead individual judges, as well as the courts in which they work, to veto a law.
High Courts in Global Perspective
High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions. High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates...
Battered Women
Domestic violence affects women from all walks of life. Contributors to this newly revised anthology investigate the nature of domestic violence and examine various measures that can protect battered women. Personal profiles of individuals whose lives have been touched by domestic violence round out this look at a disturbing but important issue.
The Politics of Criminal Law Reform
This dissertation includes an analysis of sentencing reform in the United States federal system and England and Wales as well as an analysis of more general criminal law reform in Chile which converted its criminal process from one that was predominantly inquisitorial to one that is more adversarial in nature. By focusing on the effect of select instances of criminal law reform on lower court decision-making, the dissertation includes an analysis of whether lower courts are responsive to legislation and higher court mandates and whether the intent behind criminal law reforms was achieved or whether the reform resulted in unintended consequences. The dissertation includes empirical analyses o...
How Judges Think
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confi...
Legitimacy, Legal Development and Change
This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like t...
Handbook on the Rule of Law
The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
The Rule of Law and Economic Development
With the enormous expansion of scholarship on this subject, "rule of law" has come to mean different things - ranging from security and order to the operations of courts and the administration of justice. We review the various streams of theoretical and empirical research by academics and practitioners, emphasizing the connections to economic development. The core logic is that security of property rights and integrity of contract underpin, respectively, investment and trade, which in turn fuel economic growth and development. However, property rights and contracts rest on institutions, which themselves rest on coalitions of interests. Formal institutions are important, but, particularly in developing countries, informal institutional arrangements play a significant part as well. These considerations lead us to caution against an exaggerated confidence in the ability of development assistance to implant new institutions for the rule of law.
