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The Judge In A Democracy

The Judge In A Democracy
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400827043
Size: 53.95 MB
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Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
The Judge in a Democracy
Language: en
Pages: 368
Authors: Aharon Barak
Categories: Law
Type: BOOK - Published: 2009-01-10 - Publisher: Princeton University Press
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism"
Role of the judge in a modern democratic society
Language: en
Pages: 19
Authors: Wolfgang Zeidler
Categories: Law
Type: BOOK - Published: 1987 - Publisher:
Books about Role of the judge in a modern democratic society
Making Our Democracy Work
Language: en
Pages: 288
Authors: Stephen Breyer
Categories: Political Science
Type: BOOK - Published: 2010-09-14 - Publisher: Vintage
The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in
Judges and Adjudication in Constitutional Democracies: A View from Legal Realism
Language: en
Pages: 199
Authors: Pierluigi Chiassoni, Bojan Spaić
Categories: Law
Type: BOOK - Published: 2020-12-11 - Publisher: Springer Nature
The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
Judges in Contemporary Democracy
Language: en
Pages: 317
Authors: Robert Badinter, Stephen G. Breyer
Categories: Law
Type: BOOK - Published: 2004-06-01 - Publisher: NYU Press
"The novel, Brink argues, is not about representation but the self-conscious play of language. From its inception, he suggests, the genre has been about the act of writing and self-reflection. This thesis is not new but is part of the currency of postmodern literary theory. Brink, himself a noted South African novelist, the author of some 12 books, including A Dry White Season (1984), and a university professor, brings the insight of an insider. He surveys 15 celebrated novels, historically arranged from Don Quixote and La Princesse de Cleves to A.S. Byatt's Possession and Italo Calvino's If on a Winter Night a Traveller examining each in terms of its play with writing and language. His discussions are marked by clarity, insight, and comprehension. A valuable book." --Thomas L. Cooksey, Library Journal "What a treat to explore the novel as a genre through the lucid eyes of André Brink, himself one of the world's foremost novelists! I particularly enjoyed the way in which the most traditional novels were revealed as contemporary and entirely relevant." --Ariel Dorfman The postmodernist novel has become famous for the extremes of its narcissistic involvement with language. In this challenging and wide-ranging new study, André Brink argues
Perceptions of the Independence of Judges in Europe
Language: en
Pages:
Authors: Frans van Dijk
Categories: Electronic books
Type: BOOK - Published: 2021 - Publisher: Springer Nature
"In his important book Frans van Dijk changes the usual focus on rules of independence in European countries to the perceptions of independence. This book is a very relevant and timely wake-up call for judges and judicial councils alike. Should be a mandatory read for them all. Highly recommended."--Kees Sterk, Endowed Professor of Administration of European Justice, Maastricht University, the Netherlands, and former President of the European network of Councils for the Judiciary "Frans van Dijk`s book puts the focus on perception of judicial independence. The book is highly recommended and should be mandatory reading for all European judges, particularly in times when judicial independence is challenged in so many European countries." -Wiggo Storhaug Larsen, Appeal Court Judge and President of the Norwegian Judges Association This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and
Judges in Contemporary Democracy
Language: en
Pages: 317
Authors: Justice Stephen Breyer, Robert Badinter
Categories: Law
Type: BOOK - Published: 2004-06-01 - Publisher: NYU Press
Law, politics, and society in the modern West have been marked by the increasing power of the judge: the development of constitutional justice, the evolution of international judiciaries, and judicial systems that extend even further into social life. Judges make decisions that not only enforce the law, but also codify the values of our times. In the summer of 2000, an esteemed group of judges and legal scholars met in Provence, France, to consider the role of the judge in modern society. They included Robert Badinter, former president of the Constitutional Council in France; Stephen Breyer, Justice of the Supreme Court of the United States; Antonio Cassese, the first president of the International Criminal Tribunal for the former Yugoslavia; Dieter Grimm, former vice president of the Constitutional Court of Germany; Gil Carlos Rodriguez, president of the Court of Justice of the European Union; and Ronald Dworkin, formerly of Oxford University, now professor of philosophy and law at the New York University Law School. What followed was an animated discussion ranging from the influence of the media on the judiciary to the development of an international criminal law to the judge's consideration of the judge's own role. Judges in Contemporary Democracy
The Integrity of the Judge
Language: en
Pages: 180
Authors: Jonathan Soeharno
Categories: Law
Type: BOOK - Published: 2016-03-03 - Publisher: Routledge
There is no consensus among legal scholars on the meaning of judicial integrity, nor has legal scholarship yet seen a well-articulated discussion about the normative concept of judicial integrity. This book makes an analysis of the discourses on judicial integrity in judiciaries in both established and developing democracies. In the former, the rule of law is well-developed and trust in the judges is high, yet new demands for accountability emerge. In the latter, traditional integrity problems such as fraud and corruption take centre stage. The author argues that integrity must be understood both as professional virtue -discussed here through the lens of virtue ethical theory - and as the safeguarding of public trust, as understood through institutional theory. The Integrity of the Judge is a significant new work for legal theorists and philosophers, as well as scholars of legal and judicial ethics.
Ethics and Human Rights in a Globalized World
Language: en
Pages: 351
Authors: Klaus Hoffmann-Holland
Categories: Philosophy
Type: BOOK - Published: 2009 - Publisher: Mohr Siebeck
In a globalized world, an interdisciplinary dialogue on ethics and human rights is possible, necessary and fruitful for jurisprudence. Human rights can be understood as formalized ethics, and ethics can thus serve as a foundation for human rights. They are the framework for a communication of rights, and this communication is the context in which wrongs can be transformed into rights. Ethics do however also shape existing (recognized) human rights. Human rights are ethics in action. The enforcement of human rights, especially in international criminal law, as well as the implementation structures bring the ideas and principles of rights to life in a globalized world. Thus it is advisable to take an interdisciplinary approach to participation rights, social rights and human rights in general, in private and in public life.This work contains articles that were presented at an international and interdisciplinary conference on Ethics and Human Rights in a Globalized World in Jerusalem in the fall of 2008. Young researchers from Israel and Germany, who work in the fields of law, philosophy, political science and theology, deal with the foundation of human rights, the conflict between varying human rights and effective implementation structures. The part played by the World Bank
The Judge as Political Theorist
Language: en
Pages: 432
Authors: David Robertson
Categories: Political Science
Type: BOOK - Published: 2010-07-01 - Publisher: Princeton University Press
The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it