Автор: Boucoyannis, Deborah (george Washington University, Washington Dc) Название: Kings as judges ISBN: 1316614964 ISBN-13(EAN): 9781316614969 Издательство: Cambridge Academ Рейтинг: Цена: 3642.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: How did representative institutions become the central organs of governance in Western Europe? What enabled this distinctive form of political organization and collective action that has proved so durable and influential? The answer has typically been sought either in the realm of ideas, in the Western tradition of individual rights, or in material change, especially the complex interaction of war, taxes, and economic growth. Common to these strands is the belief that representation resulted from weak ruling powers needing to concede rights to powerful social groups. Boucoyannis argues instead that representative institutions were a product of state strength, specifically the capacity to deliver justice across social groups. Enduring and inclusive representative parliaments formed when rulers could exercise power over the most powerful actors in the land and compel them to serve and, especially, to tax them. The language of rights deemed distinctive to the West emerged in response to more effectively imposed collective obligations, especially on those with most power.
Автор: Raymond V. Carman Название: Making Good Law or Good Policy? ISBN: 3319533800 ISBN-13(EAN): 9783319533803 Издательство: Springer Рейтинг: Цена: 11179.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book uses role theory to analyze the judicial decisions made by state supreme court judges.
Описание: Discarding the traditional view of the Fronde as an abortive revolution against "absolute monarchy" during the minority of Louis XIV, A. Lloyd Moote analyzes it by studying the ambivalent role of its leading institutional element, the Parlement of Paris. France`s highest tribunal, dedicated to law and the principles of royal absolutism, the Parleme
Описание: Which branch of government should be entrusted with safeguarding individual rights? Conventional wisdom assigns this responsibility to the courts, on the grounds that liberty can only be protected through judicial interpretation of bills of rights. In fact it is difficult for many people even to conceive of any other way that rights might be protected. John Dinan challenges this understanding by tracing and evaluating the different methods that have been used to protect rights in the United States from the founding until the present era.
By examining legislative statutes, judicial decisions, convention proceedings, and popular initiatives in four representative states—Massachusetts, Virginia, Michigan, and Oregon—Dinan shows that rights have been secured in the American polity in three principal ways. Throughout the eighteenth and nineteenth centuries, rights were protected primarily through representative institutions. Then in the early twentieth century, citizens began to turn to direct democratic institutions to secure their rights. It was not until the mid-twentieth century that judges came to be seen as the chief protectors of liberties.
By analyzing the relative ability of legislators, citizens, and judges to serve as guardians of rights, Dinan's study demonstrates that each is capable of securing certain rights in certain situations. Elected representatives are generally capable of protecting most rights, but popular initiatives provide an effective mechanism for securing rights in the face of legislative intransigence, and judicial decisions offer a superior means of protecting liberties in crisis times. Accordingly, rather than viewing rights protection as the peculiar province of any single institution, this task ought to be considered the proper responsibility of all these institutions.
By undertaking a comparison of these institutional methods across such a wide expanse of time, Keeping the People's Liberties makes a highly original contribution to the literature on rights protection and provides a new perspective on debates about the contemporary role of representative, populist, and judicial institutions.
Описание: This book looks at how the language of the law has changed over time, and how this has empowered judges. In particular it looks at how this has empowered judges to rule against governments.
Автор: Deborah Boucoyannis Название: Kings as Judges ISBN: 1107162793 ISBN-13(EAN): 9781107162792 Издательство: Cambridge Academ Рейтинг: Цена: 5702.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The first systematic account of how structures of justice led to the emergence of representative institutions and state-formation in Western Europe. It will be of interest to scholars and students of political science, political economy and economic history, history, historical sociology, political sociology, law and legal history.
Описание: This open access book is about the perception of the independence of the judiciary in Europe. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions.
Автор: Hilbink Название: Judges beyond Politics in Democracy and Dictatorship ISBN: 1107402360 ISBN-13(EAN): 9781107402362 Издательство: Cambridge Academ Рейтинг: Цена: 6494.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines different hypotheses about Chilean judicial behavior before, during, and after the authoritarian interlude. The book explores arguments based on judges` personal policy preferences, social class, and legal philosophy, but contends that institutional features, grounded in the ideal of `apoliticism`, best explain judges` conservative and conformist conduct.
Discarding the traditional view of the Fronde as an abortive revolution against absolute monarchy during the minority of Louis XIV, A. Lloyd Moote analyzes it by studying the ambivalent role of its leading institutional element, the Parlement of Paris. France's highest tribunal, dedicated to law and the principles of royal absolutism, the Parlement was paradoxically, at the center of the opposition from the beginning of the movement for state reform in 1643.
Originally published in 1972.
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