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The Power of Judges: A Comparative Study of Courts and Democracy


ISBN13: 9780198298359
ISBN: 0198298358
Published: April 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £137.50



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Judicial intervention in social, economic, and political issues ('judicialization') has increased substantially in democracies in recent years. The change has been more dramatic in Europe than in the United States, where judicial law-making has largely been assimilated into the political process. Judges played a central role in a series of major political controversies throughout the 1990s in Italy, Spain, and France, and their involvement has resulted in moves to restrict or alter the power of judges. The role of judges has also become the subject of political debate and reform proposals in England, Portugal, and Germany. This book argues that three elements affect the political significance of judicial decisions. First is the status of judges (the way they are recruited and the guarantees they enjoy) and the way judges define their role in the judicial and political process. Second is the organization of the judicial system, including the existence of judicial review of legislation, the structure of trials and the arrangement of public prosecution.;Thirdly, judicial power is affected by the broader political system: a polity in which power is divided and fragmented offers wider opportunities for the judiciary to intervene in the political process.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction
A. The social and political significance of the judiciary
B. The rise of the political judge
C. How to guard the guardians
D. A comparative and empirical analysis: general trends and peculiar cases
1. Judges: Status, Career, and Activism
2. The Judicial System
3. The Political System
Conclusion: Judicial Power: Threat or Key to Democracy?
References
Index

Series: Oxford Socio-Legal Studies

Law as a Social System ISBN 9780199546121
Published June 2008
Oxford University Press
£60.00
£36.99
Coercion to Compromise Plea Bargaining, the Courts, and the Making of Political Authority ISBN 9780195101744
Published November 2007
Oxford University Press
£49.49
Law as a Social System
Niklas Luhmannformer Emeritus Professor of Sociology, Bielefeld University, Germany
ISBN 9780198262381
Published July 2006
Oxford University Press
Price on Application
English Lawyers Between Market and State
Richard L. AbelConnell Professor of Law, University of California, Los Angeles, USA
ISBN 9780198260332
Published July 2005
Oxford University Press
£190.00
Regulating Commercial Gambling: Past, Present and Future ISBN 9780198256724
Published September 2004
Oxford University Press
£130.00
Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency
Keith HawkinsReader in Law and Society, and Fellow and Tutor in Law, Oriel College, University of Oxford
ISBN 9780199243891
Published April 2004
Oxford University Press
£48.99
Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency
Keith HawkinsReader in Law and Society, and Fellow and Tutor in Law, Oriel College, University of Oxford
ISBN 9780199243884
Published April 2004
Oxford University Press
£80.00
Accountability: A Public Law Analysis of Government by Contract
A. C. L. DaviesFellow, All Souls College, Oxford
ISBN 9780198299486
Published July 2003
Oxford University Press
£140.00
English Lawyers Between Market and State ISBN 9780198260349
Published March 2003
Oxford University Press
£68.00
A General Jurisprudence of Law and Society ISBN 9780199244676
Published July 2002
Oxford University Press
£51.00
A General Jurisprudence of Law and Society
Brian Z. TamanahaProfessor of Law, St John's University School of Law, New York, USA
ISBN 9780199244669
Published July 2002
Oxford University Press
Price on Application
Cause Lawyering and the State in a Global Era ISBN 9780195141177
Published January 2002
Oxford University Press
£33.99
The Justice of Islam
Lawrence RosenProfessor and Chair of Anthropology, and Adjunct Professor of Law, Columbia University, USA
ISBN 9780198298847
Published December 2001
Oxford University Press
£140.00
Realistic Socio-legal Theory: Pragmatism and a Social Theory of Law
Brian TamanahaAssistant Professor, St John's University School of Law, New York, USA
ISBN 9780198298250
Published July 2001
Oxford University Press
£64.00
World Jury Systems
Edited by: Neil Vidmar
ISBN 9780198298564
Published December 2000
Oxford University Press
£165.00
Regulating Workplace Safety: Systems and Sanctions ISBN 9780198268246
Published October 2000
Oxford University Press
£167.50
The Justice of Islam ISBN 9780198298854
Published February 2000
Oxford University Press
£54.00
Smart Regulation: Designing Environmental Policy ISBN 9780198268574
Published December 1999
Oxford University Press
Out of print
Just Lawyers: Reguation and Access to Justice ISBN 9780198268413
Published December 1999
Oxford University Press
£155.00
Compliance, Regulation and Environment ISBN 9780198264750
Published February 1999
Oxford University Press
£130.00
Cause Lawyering: Political Commitments and Professional Responsibilities
ISBN 9780195113204
Published October 1998
Oxford University Press
£87.00
Realistic Socio-legal Theory: Pragmatism and a Social Theory of Law
Brian Z. TamanahaAssistant Professor, St John's University School of Law, New York, USA
ISBN 9780198265603
Published May 1998
Oxford University Press
Price on Application
The Oldest Social Science? Configurations of Law and Modernity ISBN 9780198265597
Published October 1997
Oxford University Press
£105.00
Housing Homeless Persons
Ian LovelandSenior Lecturer in Law, Queen Mary and Westfield College, University of London
ISBN 9780198258766
Published June 1997
Oxford University Press
£110.00
Law's Community: Legal Theory in Sociological Perspective ISBN 9780198264903
Published June 1997
Oxford University Press
£74.00
Wills, Inheritance and Families ISBN 9780198258346
Published March 1996
Oxford University Press
£135.00
The Social World of an English Crown Court: Witnesses and Professionals in the Crown Court Centre at Wood Green
Paul RockProfessor of Sociology, London School of Economics
ISBN 9780198258438
Published May 1995
Oxford University Press
£82.00
Families, Politics and the Law ISBN 9780198258100
Published April 1995
Oxford University Press
Out of print
Responsive Regulation: Transcending the Deregulation Debate
Ian AyresResearch Fellow, American Bar Foundation and Professor of Law, Stanford University, USA, John Braithwaite
ISBN 9780195093766
Published April 1995
Oxford University Press
£43.99
Responsive Regulation: Transcending the Deregulation Debate (eBook)
Ian AyresResearch Fellow, American Bar Foundation and Professor of Law, Stanford University, USA, John Braithwaite
ISBN 9780199879953
Published April 1995
Oxford University Press
£36.66
(ePub)
Buy
The Uses of Discretion
Edited by: Keith Hawkins
ISBN 9780198259503
Published February 1995
Oxford University Press
£59.00
Responsive Regulation: Transcending the Deregulation Debate ISBN 9780195070705
Published April 1994
Oxford University Press
£202.50
Reservation of Title Clauses: Impact and Implications ISBN 9780198257370
Published January 1992
Oxford University Press
£172.50