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
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
Comparative Matters
Language: en
Pages: 304
Authors: Ran Hirschl
Categories: Law
Type: BOOK - Published: 2014 - Publisher: Oxford University Press, USA
Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Ran Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from
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. Ethics can serve as a foundation for human rights and also shape "existing" (recognized) human rights. The enforcement of human rights, especially in international criminal law, as well as the implementation
Purposive Interpretation in Law
Language: en
Pages: 448
Authors: Aharon Barak
Categories: Law
Type: BOOK - Published: 2011-10-16 - Publisher: Princeton University Press
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in
Legitimacy and Trust in Criminal Law, Policy and Justice
Language: en
Pages: 198
Authors: Professor Nina Peršak
Categories: Law
Type: BOOK - Published: 2014-05-28 - Publisher: Ashgate Publishing, Ltd.
Whereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked
The Struggle of Democracy Against Terrorism
Language: en
Pages: 291
Authors: Emanuel Gross
Categories: Political Science
Type: BOOK - Published: 2006 - Publisher: University of Virginia Press
Examines the legal and moral complexities democracies face when dealing with terrorism. This book is useful to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.
Religious Education and the Challenge of Pluralism
Language: en
Pages: 256
Authors: Adam B. Seligman
Categories: Religion
Type: BOOK - Published: 2014-09-01 - Publisher: Oxford University Press
The essays in this volume offer a groundbreaking comparative analysis of religious education, and state policies towards religious education in seven different countries and in the European Union as a whole. They pose a crucial question: can religious education contribute to a shared public sphere and foster solidarity across different
The Politics of the Common Law
Language: en
Pages: 366
Authors: Adam Gearey, Wayne Morrison, Robert Jago
Categories: Law
Type: BOOK - Published: 2013-05-02 - Publisher: Routledge
The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human
The Oxford Handbook of Criminal Law
Language: en
Pages: 1100
Authors: Markus D Dubber, Tatjana Hörnle
Categories: Law
Type: BOOK - Published: 2014-11-27 - Publisher: OUP Oxford
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook