It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handling them substantial powers of judicial review. This title provides a thorough analysis of those claims, introducing the theory of delibe…
It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handling them substantial powers of judicial review. This title provides a thorough analysis of those claims, introducing the theory of delibe…
"Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. T…
"The establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasin…
"The establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and increasing…
"This new book analyses judicial review, a mechanism for achieving public justice, through emerging case law in the hope that it will cast light on the jurisprudential evolution of Caribbean society in the twenty-first century. Bringing together cases and materials on judicial r…
"Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative "borrowing". But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve dem…
Machine generated contents note: -- List of Figures and Tables Foreword Preface 1. The Politics of Judicial Review 2. The Road to Judicial Review 3. Exercising Judicial Review before Civil War 4. Review of Congress during the Civil War and Reconstruction 5. Congress and the Loch…
"When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court's routine work of judicial review is incre…