Consequential Courts : Judicial Roles in Global Perspective
Diana. Kapiszewski
Bok Engelsk 2013 · Electronic books.
| Annen tittel | |
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| Utgitt | Cambridge : : Cambridge University Press, , 2013.
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| Omfang | 1 online resource (454 p.)
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| Opplysninger | Description based upon print version of record.. - Contents; Contributors; Introduction; Expanded Judicial Roles in Governance; Political Arenas and Judicial Roles; Conflict Arena I: Disputes between Political Incumbents and Challengers; Facilitating Democratic Transitions; Sparking Antiauthoritarian Movements; Electoral Conflicts in Established Democracies; Conflict Arena II: Intragovernmental Disputes about Who Governs; Executive-Legislative Conflict; Judicial-Elected Branch Conflict; National-Subnational Government Conflict; Conflict Arena III: Complaints about Government Stasis and Maladministration; Breaking Political Roadblocks. - Battling Corruption and MaladministrationConflict Arena IV: Cultural and Religious Cleavages; Conflict Arena V: Disputes about Rights and Equality; Changing Judicial Roles: A Framework of Causal Factors and Forces; Structural Factors; Proximate Political Dynamics; Courts' Internal Incentives, Capacities, and Motives; Judicial Strategies, Tactics, and Techniques; Procedural and Interpretive Creativity; Strategic Assertiveness; Conclusion; PART I Expanding Judicial Roles in New or Restored Democracies; 1 The Politics of Courts in Democratization; The Politics of Courts in Democratization. - Causes: Internal Motivations and External Influences. - Judicial Roles in Georgias 2003 Rose Revolution: Exposing Vote FraudJudicial Roles in Ukraines 2004 Orange Revolution: Deciding Election Disputes and Resolving High-Stakes Deadlocks; Judicial Roles in Kyrgyzstans 2005 Tulip Revolution: Legalizing the Unexpected Transfer of Power; Conclusion; 3 Constitutional Authority and Judicial Pragmatism; Sources of Judicial Power and the Emergence of Multiple Roles for the Court; Historical Legacies; The Courts Origins and the Appointment of Justices; Early Decisions and the Triumph of Rights; International Recognition. - The Old Fort and Constitutional PatriotismA Powerful Court?; Strategic Engagement and Judicial Pragmatism in Defining the Courts Role; Jurisdiction and Authority; Certification Judgments; Rights and Structure in the Courts Jurisprudence; Rights, Politics, and the Margins of Judicial Power; A Problem of Rights and Expectations; Enforcing Rights, Remedies and Judicial Authority; Conclusion; 4 Distributing Political Power; Distributing Power: Institutional and Political Beginnings; Constitutional Boundaries of Power; The Constitutional Review of Decree Authority; Evolving Law vs. Decree Doctrine. - Upstream Triggers of DemocracyDownstream Guarantors; Downstream Democratic Consolidators; Judicial Irrelevance; Summary; Four Cases; Impeachment in South Korea, 2004; Adjudicating the Election in Taiwan, 2004; Picking and Rejecting a Populist in Thailand, 2001 and 2008; Triggering Democracy in Pakistan, 2007; Legacies and Roles; Conclusion; 2 Fragmentation? Defection? Legitimacy?; Three Conditions that May Enable Judges to Decide Contested Elections in Semi-Authoritarian Regimes; Judging Contested Elections in Semi-Authoritarian Regimes: Judicial Strategies and Roles. - Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
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| Emner | |
| Sjanger | |
| Dewey | |
| ISBN | 9781107026537. - 9781107693746
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