Kategoria BISAC: Law >> Courts - General

Each entry features the quote -- especially chosen for its profound, compelling, and inspirational nature; the name...

Since the introduction of the Canadian Charter of Rights and Freedoms in 1982, the question of judicial power and its relationship to parliamentary democracy has been an important one in Canadian politics. Some critics, suspicious of what they perceive as the "activism" of "unelected and unaccountable" judges, view the increased power of the Supreme Court as a direct challenge to parliament. But has parliamentary democracy been weakened by judicial responses to the Charter?

In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is...

This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. They test the assumption, accepted by many political scientists, that conflict in the courts is due in large part to ideological divisions among the members. The groundbreaking discussion of the viability of the attitudinal...

In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued...

In jurisprudential writing, single decisions are often held up as representative without any evidence to support their representative claims. In order to address this problem, Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003.

Examining almost 5000 cases, Muttart analyses these Supreme Court decisions employing several important criteria including whether the decisions overruled prior precedent, the extent to which they were decided on fact, law, or policy, and the legal and extra-legal modes of reasoning...

"Superbly well written . . . a wonderfully informative guide to the Supreme Court both past and present."--David J. Garrow, American History

Jeffrey Rosen recounts the history of the Supreme Court through the personal and philosophical rivalries that have transformed the law--and by extension, our lives. With studies of four crucial conflicts--Chief Justice John Marshall and President Thomas Jefferson; post-Civil War justices John Marshall Harlan and Oliver Wendell Holmes; liberal icons Hugo Black and William O. Douglas; and conservative stalwarts William H. Rehnquist...

Norman Vieira and Leonard Gross provide an in-depth analysis of the political and legal framework surrounding the confirmation process for Supreme Court nominees.

President Ronald Reagan s nomination of Judge Robert Bork to the Supreme Court met with a fierce opposition that was apparent in his confirmation hearings, which were different in many ways from those of any previous nominee. Lasting longer than any other Supreme Court confirmation battle, the Senate hearings dragged on for eighty-seven hours over a twelve-day period. Bork personally testified for more than thirty hours,...

The Conscience of the Court celebrates the work of Justice William J. Brennan Jr., who served on the United States Supreme Court for thirty-four years (19561990).

Stephen L. Sepinuck and Mary Pat Treuthart introduce and present selected judicial opinions written by Justice Brennan on issues involving personal freedom, civil liberties, and equality. Brennan is ranked by many as the best writer ever to have served on the Supreme Court, and his written opinions depict real people, often in desperate, emotional situations. Remarkable for their clarity of analysis, for their eloquence, and...

"I highly recommend this book to all members of the bench and bar. . . . It] would have been of immense value to me as a lawyer, attorney general, and supreme court justice. It historically depicts in flesh-and-blood images the litigators and jurists who participated in formulating the rules of law that govern in Florida today."--Richard W. Ervin, chief justice of the Supreme Court of Florida, 1969-1971

"This major and outstanding work . . . establishes a lofty standard for state high court histories."--Stephen C. O Connell, chief justice of the Supreme Court of Florida, 1967;...