Courts Without Cases: The Law and Politics of Advisory Opinions, Carissima Mathen
Автор: Joshua Wilson Название: The New States of Abortion Politics ISBN: 080479202X ISBN-13(EAN): 9780804792028 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 1756.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The 2014 Supreme Court ruling on McCullen v. Coakley striking down a Massachusetts law regulating anti-abortion activism marked the reengagement of the Supreme Court in abortion politics. A throwback to the days of clinic-front protests, the decision seemed a means to reinvigorate the old street politics of abortion. The Court's ruling also highlights the success of a decades' long effort by anti-abortion activists to transform the very politics of abortion. The New States of Abortion Politics, written by leading scholar Joshua C. Wilson, tells the story of this movement, from streets to legislative halls to courtrooms.
With the end of clinic-front activism, lawyers and politicians took on the fight. Anti-abortion activists moved away from a doomed frontal assault on Roe v. Wade and adopted an incremental strategy--putting anti-abortion causes on the offensive in friendly state forums and placing reproductive rights advocates on the defense in the courts. The Supreme Court ruling on Whole Woman's Health v. Hellerstedt in 2016 makes the stakes for abortion politics higher than ever. This book elucidates how--and why.
Описание: Behind every government there is an impressive team of hard-working government lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said: "The Solicitor-General is next to the High Court and God." And yet, the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorized and under-studied. This book goes behind the scenes of government - drawing from interviews with over 45 government and judicial officials - to uncover the history, theory, and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule of law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But, the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics, and the public interest. The Australian Solicitor-General has evolved many unique characteristics across the almost two centuries of the country's history in an attempt to navigate the tensions inherent in the office. These pressures are not unique to the Australian context. The understanding of the Australian framework provided in the book is informed by, and will inform, comparative analysis of the role of government lawyers across the world. Subject: Constitutional Law, Administrative Law, Public Law, Comparative Law]
Not so long ago, being aggressively "pro-free speech" was as closely associated with American political liberalism as being pro-choice, pro-affirmative action, or pro-gun control. With little notice, this political dynamic has been shaken to the core. The Right's First Amendment examines how conservatives came to adopt and co-opt constitutional free speech rights.
In the 1960s, free speech on college campuses was seen as a guarantee for social agitators, hippies, and peaceniks. Today, for many conservatives, it represents instead a crucial shield that protects traditionalists from a perceived scourge of political correctness and liberal oversensitivity. Over a similar period, free market conservatives have risen up to embrace a once unknown, but now cherished, liberty: freedom of commercial expression. What do these changes mean for the future of First Amendment interpretation?
Wayne Batchis offers a fresh entry point into these issues by grounding his study in both political and legal scholarship. Surveying six decades of writings from the preeminent conservative publication National Review alongside the evolving constitutional law and ideological predispositions of Supreme Court justices deciding these issues, Batchis asks the conservative political movement to answer to its judicial logic, revealing how this keystone of our civic American beliefs now carries a much more complex and nuanced political identity.
Описание: The meaning and function of law in Hannah Arendt’s work has never been the subject of a systematic reconstruction. This book examines Arendt’s work and reconstructs her ideas through political, legal and constitutional theory, and shows that her engagement with law is continuous as well as crucial to an adequate understanding of her political thought. The author argues that Arendt was very much concerned with the question of an adequate arrangement of law, politics and order – the so-called triad of constitutionalism. By adopting this approach, the author suggests an alternative interpretation of Arendt’s thought, which sees her as thinker of political order who considers as crucial a stable and free political order in which political struggle and dissent can occur. Endorsements ‘Christian Volk is one of the most original and penetrating Arendt interpreters of his generation. This book addresses some of the most misunderstood aspects of Arendtian thought – namely, her views of law and constitutionalism. Volk does away with a lot of misconceptions and guides us to a novel view of Arendt on these questions and beyond’. Seyla Benhabib, Yale University ‘One could not imagine something new on Arendt these days. Too much has been written in the last decades. But this volume discloses new land and gives a fresh look at Arendt's theory of the political. A great book, and a must for every reading list’. Hauke Brunkhorst, University of Flensburg ‘Hannah Arendt is famous for her unusual conception of politics, but as Christian Volk's rich and seminal study shows, Arendt's political theory goes hand in hand with a distinctive understanding of law. Volk persuasively charts the emergence of Arendt's complementary approaches to law and politics out of her analysis of the crisis of the European nation-state, and tests the power of her thought by bringing it into a fresh dialogue with an unusually wide spectrum of contemporary theorists. An impressive work that deserves the new audience it will find in this welcome translation’. Patchen Markell, University of Chicago ‘Christian Volk splendidly discovers Hannah Arendt as a legal theorist. Lawyers interested in her seminal work should just read this book’. Christoph Mollers, Humboldt University Berlin ‘As Christian Volk persuasively demonstrates, reading Arendt as a constitutional theorist is more than just adding another dimension to the interpretation of her work. Based on comprehensive textual evidence, he can instead show that this has important conceptual implications which shed a completely new light on the basic aspects of her overall theoretical outlook. Emphasising the procedural grounding of her understanding of democracy, it thus presents a major challenge to many widely held beliefs about Arendt?s work and an irresistible invitation to reinvestigate the foundations, promises and prospects of radical politics.’ Rainer Schmalz-Bruns, Leibniz University of Hanover
Автор: David Feldman Название: Law in Politics, Politics in Law ISBN: 1849469903 ISBN-13(EAN): 9781849469906 Издательство: Bloomsbury Academic Рейтинг: Цена: 5067.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume will begin to answer questions about the practical, day-to-day relationship between law and politics in a number of settings.
Автор: Tuori, Kaarlo Название: European constitutionalism ISBN: 1107451906 ISBN-13(EAN): 9781107451902 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book explains why it is warranted to speak of the European constitution even after the debacle of the EU Constitutional Treaty. It explains how European constitutionalism seeks to achieve its legitimating task through its interaction with national constitutionalism.
Автор: Rios Figueroa Julio Название: Constitutional Courts as Mediators ISBN: 1107439124 ISBN-13(EAN): 9781107439122 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book discusses the role of constitutional courts in democracies experiencing internal armed conflicts. It argues that constitutional jurisprudence can be a lighthouse helping civilian governments and the armed forces navigate through those uncertain and troubled waters.
Название: Controversies in american federalism and public policy ISBN: 1138036641 ISBN-13(EAN): 9781138036642 Издательство: Taylor&Francis Рейтинг: Цена: 6123.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection examines how the constitutional politics of federalism affects governments and citizens from a public policy standpoint. It addresses the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law.
Автор: Brinks, Daniel M. (university Of Texas, Austin) Blass, Abby (university Of Texas, Austin) Название: Crafting constitutional courts in latin america ISBN: 1107178363 ISBN-13(EAN): 9781107178366 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book traces the development of constitutional courts in Latin America, and develops concepts such as judicial autonomy and authority. It aims to understand the design of judicial institutions and combines qualitative and quantitative evidence to explore the basic purpose of constitutional justice.
Название: Controversies in American Federalism and Public Policy ISBN: 113803665X ISBN-13(EAN): 9781138036659 Издательство: Taylor&Francis Рейтинг: Цена: 23734.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection examines how the constitutional politics of federalism affects governments and citizens from a public policy standpoint. It addresses the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law.
Автор: Carrubba, Clifford J. Gabel, Matthew J. Название: International courts and the performance of international agreements ISBN: 1107677262 ISBN-13(EAN): 9781107677265 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book proposes a general theory of international courts that assumes member states are free to ignore international agreements and adverse court rulings, and that the court does not have any informational advantages. It demonstrates that international courts can facilitate cooperation with international law, but only within important political constraints.
Автор: Benjamin Schonthal Название: Buddhism, Politics and the Limits of Law ISBN: 1107152232 ISBN-13(EAN): 9781107152236 Издательство: Cambridge Academ Рейтинг: Цена: 10930.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: It is widely assumed that a well-designed and well-implemented constitution can help ensure religious harmony in modern states. Drawing on groundbreaking research from Sri Lanka, with a focus on Buddhism, this book argues that constitutional law can be more harmful than helpful when it comes to addressing conflicts over religion.
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