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A Model Discipline
Political scientists use models to investigate and illuminate causal mechanisms, generate comparative data, and more. But how do we justify and rationalize the method? Why test predictions from a deductive, and thus truth-preserving, system? Primo and Clarke tackle these central questions in this novel work of methodology.
The Great Decision
In 1800, the United States teetered on the brink of a second revolution. The presidential election between Adams and Jefferson was a bitterly contested tie, and the government neared collapse. The Supreme Court had no clear purpose or power - no one had even thought to build it a courtroom in the new capital city. When Adams sought to prolong his policies in defiance of the electorate by packing the courts, the fine words of the new Constitution could do nothing to stop him. It would take a man to make those words good, and America found him in John Marshall. The Great Decision tells the riveting story of Marshall and of the landmark court case, Marbury v. Madison, through which he empowered the Supreme Court and transformed the idea of the separation of powers into a working blueprint for our modern state. Rich in atmospheric detail, political intrigue, and fascinating characters, The Great Decision is an illuminating tale of America's formative years and of the evolution of our democracy.
Judicial Independence in Transition
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
The Chief Justice
Scholars use the most advanced methods in judicial studies to examine the role of Chief Justice of the U.S. Supreme Court
Defective Institutions
Defective Institutions overturns the basis of institutionalism. Faith in classic institutions—exposed as clamorously inadequate by the failure of governance under neoliberalism--does not result in greater democracy, greater horizontality, or more equitable living. Nor does trust in the standing of decisions, in the authority of antecedent cases, in the coherence, strength, continuity, or solidity of the institutions that frame and render legitimate these decisions and the rules they buttress. To the contrary: the classically-imagined institution and our faith in it lie at the heart of neoliberal unfreedom and racialized violence. Working at the point of contact and conflict between sociali...
The Progressive Revolution in Politics and Political Science
Songs Beyond Mankind: Poetry and the Lager from Dante to Primo Levi is the eighteenth in a series of publications occasioned by the annual Bernardo Lecture at the Center for Medieval and Renaissance Studies (CEMERS) at Binghamton University. This series offers public lectures that have been given by distinguished medieval and Renaissance scholars on topics and figures representative of these two important historical, religious, and intellectual periods. Professor Pertile s lecture, Songs Beyond Mankind, asks whether there is a degree of suffering and degradation beyond which a man or woman ceases to be a human being, a point beyond which our soul dies and what survives is pure physiology. And, if yes, to what extent may literature be capable of preserving our humanity in the face of unspeakable pain? These are some of the issues that this lecture addresses by considering two systems of suffering, the hells described by Dante in his "Inferno" and Primo Levi in "Survival in Auschwitz."
Constitutional Courts and Deliberative Democracy
It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.
A Distinct Judicial Power
A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states an...
The Law Book
Which was the last country to abolish slavery? Which is the only amendment to the U.S. Constitution ever to be repealed? How did King Henry II of England provide a procedural blueprint for criminal law? These are just a few of the thought-provoking questions addressed in this beautifully illustrated book. Join author Michael H. Roffer as he explores 250 of the most fundamental, far-reaching, and often-controversial cases, laws, and trials that have profoundly changed our world—for good or bad. Offering authoritative context to ancient documents as well as today’s hot-button issues, The Law Book presents a comprehensive look at the rules by which we live our lives. It covers such diverse ...
Political Foundations of Judicial Supremacy
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution...
