The Judiciary and Power, the Egyptian Judiciary Crisis
In: International political science review: IPSR = Revue internationale de science politique : RISP, Band 30, Heft 5, S. 519-534
ISSN: 0192-5121
In: International political science review: IPSR = Revue internationale de science politique : RISP, Band 30, Heft 5, S. 519-534
ISSN: 0192-5121
The California judiciary is one of three branches of the state government. This paper provides an overview of the current court system, its historical development, its relationship with the other branches of state government and the federal courts, and a comparison of California's judiciary with other states' judicial systems.
BASE
In: Russian politics and law, Band 51, Heft 4, S. 40-47
ISSN: 1558-0962
In: The review of politics, Band 51, Heft 4, S. 510-532
ISSN: 1748-6858
This essay questions whether it is as appropriate as it is common to speak of the federal judiciary as legitimately engaged in "statesmanship"— however that rather slippery concept may be denned or elucidated. Scholars of both the "interpretivist" and "noninterpretivist" schools in constitutional law appear to subscribe to the expectation that judges should be statesmen. Some point to Tocqueville for support of this notion. The argument here is that Tbcqueville is unreliable on this point, for he parts company not only with his contemporary, Joseph Story, but with the framers of the Constitution. TheFederalistis examined for its thoughts on the meaning and location of statesmanship in the constitutional order, and it is argued that the essays on the judiciary reveal a conspicuous absence of any expectation that that branch should contain statesmen. Indeed, Publius advances an argument that Congress should act to restrain (through the threat of impeachment) judicial temptations to engage in any adventures that can be called statesmanship.
In: Annual review of political science, Band 22, Heft 1, S. 261-276
ISSN: 1545-1577
The increased polarization in the United States among the political branches and citizenry affects the selection, work, perception, and relative power of state and federal judges, including justices of the US Supreme Court. Polarization in the United States over the last few decades matters to the American judicial system in at least four ways. First, polarization affects judicial selection, whether the selection method is (sometimes partisan-based) elections or appointment by political actors. In times of greater polarization, governors and presidents who nominate judges, legislators who confirm judges, and voters who vote on judicial candidates are more apt to support or oppose judges on the basis of partisan affiliation or cues. Second, driven in part by selection mechanisms, polarization may be reflected in the decisions that judges make, especially on issues that divide people politically, such as abortion, guns, or affirmative action. The Supreme Court, for example, often divides along party and ideological lines in the most prominent and highly contested cases. Those ideological lines now overlap with party as we enter a period in which all the Court liberals have been appointed by Democratic presidents and all the Court conservatives have been appointed by Republican presidents. Third, increasingly polarized judicial decisions appear to be causing the public to view judges and judicial decision making (at least on the US Supreme Court) through a more partisan lens. Fourth, polarization may affect the separation of powers, by empowering courts against polarized legislative bodies sometimes paralyzed by gridlock. The review concludes by considering how increased polarization may interact with the judiciary and judicial branch going forward and by suggesting areas for future research.
In: Party politics: an international journal for the study of political parties and political organizations, Band 23, Heft 6, S. 657-665
ISSN: 1460-3683
The polarization of political parties in the United States is a well-documented phenomenon. This paper considers polarization of the judicial branch and relates it to the evolution of the parties. In this paper we define polarization specifically as movement from a modal distribution (of votes, attitudes, or decisions) to a bimodal distribution along a liberal-conservative spectrum over time. Using data compiled from 90,000 United States District Court decisions published in the Federal Supplement between 1934 and 2008, we find that the judiciary began to polarize in the 1960s and has remained polarized. We consider a number of competing explanations for the polarization of the district courts, including a top-down view that emphasizes presidential power and a bottom-up view that focuses on the sorting of elites that form the pool of potential judges.
In: Bulletin of the International Commission of Jurists, S. 42-50
ISSN: 0534-8242
In: Nijhoff law specials, v. 80
The book analyses the concept and application of justice in every domain of life. Justice has a universal character, relevant to every part of the world. Deviation from its norms brings injustice entailing denigration of human nature in all its expressions. The book is worth reading by everyone interested in justice.
World Affairs Online
World Affairs Online
This note considers the performance of the South African courts in deciding environmental cases and suggests that, notwithstanding some good decisions, there are still too many decisions where the courts are not applying relevant legislative provisions or misinterpreting the law. It is suggested that the future acceptable performance of the courts not only rests on correct interpretation and application of the legislation, but also increased familiarity by judges with the technical environmental context within which the cases are situated. The role of legal practitioners in achieving this is also highlighted.
BASE
In: American political science review, Band 13, Heft 3, S. 447-450
ISSN: 1537-5943
In: Political science quarterly: a nonpartisan journal devoted to the study and analysis of government, politics and international affairs ; PSQ, Band 7, Heft 4, S. 673-707
ISSN: 1538-165X