The Judge In A Democracy


The Judge In A Democracy
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400827043
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The Judge In A Democracy

eBook File: The-judge-in-a-democracy.PDF Book by Aharon Barak, The Judge In A Democracy Books available in PDF, EPUB, Mobi Format. Download The Judge In A Democracy books, 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"
The Contributor
Language: en
Pages:
Authors: Aharon Barak
Categories: Law
Type: BOOK - Published: 1890 - Publisher:
Books about The Contributor
Senate Documents
Language: en
Pages:
Authors: USA Congress Senate
Categories: Law
Type: BOOK - Published: 1875 - Publisher:
Books about Senate Documents
Congressional Serial Set
Language: en
Pages:
Authors: USA Congress Senate
Categories: United States
Type: BOOK - Published: 1875 - Publisher:
Books about Congressional Serial Set
The North Carolina Democratic Hand-book
Language: en
Pages:
Authors: Democratic Party (N.C.). State Executive Committee
Categories: Campaign literature
Type: BOOK - Published: 1894 - Publisher:
Books about The North Carolina Democratic Hand-book
Report ... to Inquire ... Whether in and of the Elections in the State of Alabama in the Elections of 1874, 1875, and 1876 the Right of Male Inhabitants ... to Vote Had Been Denied Or Abridged
Language: en
Pages: 706
Authors: United States. Congress. Senate. Committee on Privileges and Elections
Categories: Alabama
Type: BOOK - Published: 1877 - Publisher:
Books about Report ... to Inquire ... Whether in and of the Elections in the State of Alabama in the Elections of 1874, 1875, and 1876 the Right of Male Inhabitants ... to Vote Had Been Denied Or Abridged
Politische Kulturforschung reloaded
Language: de
Pages: 328
Authors: Wolfgang Bergem, Paula Diehl, Hans J. Lietzmann
Categories: Political Science
Type: BOOK - Published: 2019-07-31 - Publisher: transcript Verlag
Die Prozesse kultureller Transformation in den gegenwärtigen Demokratien lassen sich mit den traditionellen Ansätzen der politischen Kulturforschung, bei denen vor allem politische Präferenzen untersucht werden, nicht mehr adäquat erfassen. Um die Wirksamkeit kultureller Dispositionen der Wahrnehmung und Beurteilung des Politischen sowie politischen Entscheidens und Handelns heute verstehen und analysieren zu können, bedarf es neuer Konzepte. Dieser Band versammelt Beiträge mit Befunden aktueller Forschung zu den politischen Dimensionen von Kultur und den kulturellen Dimensionen von Politik sowie mit innovativen theoretischen, programmatischen und methodischen Ansätzen.
Journal of the Senate of the State of Alabama
Language: en
Pages:
Authors: Alabama. Legislature. Senate
Categories: Alabama
Type: BOOK - Published: 1875 - Publisher:
Books about Journal of the Senate of the State of Alabama
The Law Times
Language: en
Pages:
Authors: Alabama. Legislature. Senate
Categories: Law reviews
Type: BOOK - Published: 1859 - Publisher:
Books about The Law Times
The Deseret Weekly
Language: en
Pages:
Authors: Alabama. Legislature. Senate
Categories: Salt Lake City (Utah)
Type: BOOK - Published: 1891 - Publisher:
Books about The Deseret Weekly