The Judge as Political Theorist

The Judge as Political Theorist

The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.


Author
Publisher
Release Date
ISBN 9780691144030
Pages 420 pages
The Judge as Political Theorist
Language: en
Pages: 420
Authors: David Robertson
Categories: Political Science
Type: BOOK - Published: 2010 - Publisher:

The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional re
The Judge as Political Theorist
Language: en
Pages: 432
Authors: David Robertson
Categories: Political Science
Type: BOOK - Published: 2010-07-01 - Publisher: Princeton University Press

The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional re
Legal Theory in the Crucible of Constitutional Justice
Language: en
Pages: 338
Authors: Rory O'Connell
Categories: Law
Type: BOOK - Published: 2000 - Publisher: Dartmouth Publishing Company

Constitutional adjudication straddles law and politics, legal and political theory. Referring to legal controversies in Canada (free expression), Ireland (sexua
Contemporary Political Theory
Language: en
Pages: 756
Authors: J. C. Johari
Categories: Political science
Type: BOOK - Published: 1987 - Publisher: Sterling Publishers Pvt. Ltd

Political Trials in Theory and History
Language: en
Pages:
Authors: Jens Meierhenrich
Categories: Political Science
Type: BOOK - Published: 2017-02-27 - Publisher: Cambridge University Press

From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not
Classics of Moral and Political Theory
Language: en
Pages: 1278
Authors: Michael L. Morgan
Categories: Political ethics
Type: BOOK - Published: 1992 - Publisher:

Constitutional and Political Theory
Language: en
Pages: 280
Authors: Ernst-Wolfgang Böckenförde
Categories: Law
Type: BOOK - Published: 2017-01-26 - Publisher: Oxford University Press

Ernst-Wolfgang Böckenförde (b. 1930) is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germ
The Political Theory of the Schoolmen and Grotius
Language: en
Pages: 296
Authors: John Martin Littlejohn
Categories: Political science
Type: BOOK - Published: 1894 - Publisher:

The Political Theory of Political Thinking
Language: en
Pages: 345
Authors: Michael Freeden
Categories: Political Science
Type: BOOK - Published: 2013-08-08 - Publisher: Oxford University Press

This book is the first to explore systematically what it means to think 'politically'. Using detailed contemporary and historical material, and investigating bo
Political Theory for Mortals
Language: en
Pages: 230
Authors: John Evan Seery
Categories: Philosophy
Type: BOOK - Published: 1996 - Publisher: Cornell University Press

Among the contemporary political issues that cry out for theoretical articulation, Seery suggests, are abortion politics, ethnic cleansing, suicide assistance,