Politicians, Judges, and the Charter

2008 ◽  
Vol 21 (1) ◽  
pp. 227-238
Author(s):  
L.W. Sumner
Keyword(s):  
Judicial Review ◽  
Political System ◽  
Common Law ◽  
Recent Book ◽  
The Political ◽  
Court Decisions ◽  
Democratic Process ◽  
Political Views ◽  
Political Right

The complaint is a familiar one: unelected, politically unaccountable judges are using their powers of judicial review to subvert the democratic process by shaping public policy in accordance with their own personal moral/political views. It is tempting to dismiss this complaint as the grumbling of those, usually (though not invariably) on the political right, who have been disaffected by court decisions with which they personally disagree. But this temptation must be resisted, since the critics of judicial review, such as Jeremy Waldron, raise important issues about the role of judges in a democratic political system. In his recent book A Common Law Theory of Judicial Review, Wil Waluchow responds to the critics' arguments. This Critical Notice outlines his response and assesses its adequacy.

scholarly journals Legal-Political Paradigm of Indonesian Constitutional Court: Defending a Principled Instrumentalist Court

2020 ◽  
Vol 6 (1) ◽  
pp. 36
Author(s):  
Mirza Satria Buana
Keyword(s):  
Judicial Review ◽  
Review Process ◽  
The Political ◽  
Constitutional Court ◽  
Court Decisions ◽  
Main Argument ◽  
Policy Decisions ◽  
Political Arena ◽  
History Of

The establishment of the Indonesian Constitutional Court in 2003 signified the formation of a bridge between the judiciary and politics. Through its judicial review process, there is a more tangible presence of the judiciary and court in the political arena. The Court helps with addressing moral predicaments and influencing the products of the legislature. This paper discusses the shifting of the legal-politico paradigm, particularly relating to judicial leadership of the Court because this significantly affects the role of the Court in the political arena. The history of the establishment of the Court’s authority in judicial review is explored through a stylised analysis of the actions of two early Chief Justices. This paper also examines two Court decisions which illustrated the Court’s authority on judicial review because they demonstrated the importance of policy-driven decisions and judicial restraint. The main argument of this work is that it is hard to categorize the legal-politico actions of the Indonesian Court into either legalism or instrumentalism. Often, the Court synthesises the two. The legal-politico paradigm is a dynamic one. The most feasible model of the Indonesian Constitutional Court is that of a Principled Instrumentalist Court, where policy decisions guide the formation of legislation according to constitutional values, but the judges maintain prudential self-restraint.

scholarly journals JUDICIAL ACTIVISM – AN ASSET TO JUDICIARY BY INDIAN CONSTITUTION

2018 ◽  
pp. 31-36
Author(s):  
S S Hasani
Keyword(s):  
Judicial Review ◽  
Political System ◽  
The State ◽  
The Political ◽  
Primitive Function ◽  
The People ◽  
The Government ◽  
Changing Times ◽  
Or Organization

Constitution means the structure of a body, organism or organization i.e. what constitutes it or of what it consists of. Constitution of a country spells out the basic fundamental principles or established precedents on which the state is organized. It lays down the structure of the political system under which its people are to be governed. It establishes the main organs of the State-the legislature, the executive and the judiciary, demarcates their responsibilities and regulates their relationships with each other and with the people. All authority in the hands of any organs, institutions or functionaries of the state flow from the Constitution. In a country like ours, adopting a written Constitution which mandates Judicial Review of the constitutionality of State activity in cases needing it and the laws enacted by legislature, the role of Judiciary cannot be restricted to the primitive function of dispensing justice. The role of judiciary in enforcing judicial review, must for all purposes keep the Government in good tune with the changing times and it should not be allowed to drift to become anachronistic or out of reasoning with the need of the day.

PERAN ULAMA SELAKU PEWARIS NABI DALAM KONTESTASI PEMILU-PILPRES TAHUN 2019 DI INDONESIA

2020 ◽  
Author(s):  
abdul muiz amir
Keyword(s):  
Political System ◽  
The Political ◽  
Archival Data ◽  
Political Event ◽  
Online Social Media ◽  
The People ◽  
Religious Issue ◽  
The Face ◽  
Religion And State

This study aims to find a power relation as a discourse played by the clerics as the Prophet's heir in the contestation of political event in the (the elections) of 2019 in Indonesia. The method used is qualitative based on the critical teory paradigm. Data gathered through literary studies were later analyzed based on Michel Foucault's genealogy-structuralism based on historical archival data. The findings show that, (1) The involvement of scholars in the Pemilu-Pilpres 2019 was triggered by a religious issue that has been through online social media against the anti-Islamic political system, pro communism and liberalism. Consequently create two strongholds from the scholars, namely the pro stronghold of the issue pioneered by the GNPF-Ulama, and the fortress that dismissed the issue as part of the political intrigue pioneered by Ormas NU; (2) genealogically the role of scholars from time to time underwent transformation. At first the Ulama played his role as well as Umara, then shifted also agent of control to bring the dynamization between the issue of religion and state, to transform into motivator and mediator in the face of various issues Practical politic event, especially at Pemilu-Pilpres 2019. Discussion of the role of Ulama in the end resulted in a reduction of the role of Ulama as the heir of the prophet, from the agent Uswatun Hasanah and Rahmatan lil-' ālamīn as a people, now shifted into an agent that can trigger the division of the people.

National Legislatures

2018 ◽  
Author(s):  
Kevin L. Cope ◽  
Hooman Movassagh
Keyword(s):  
International Law ◽  
Common Law ◽  
Court Decisions ◽  
Domestic Court ◽  
Comparative Analyses ◽  
Judicial Decisions ◽  
National Courts ◽  
Legislative Branch ◽  
National Legislatures

One critique of some common-law comparative legal academies is their intensively “court-centric” focus, which, some believe, “marginalize[s]” the role of the legislative branch. The same may be said of the extant comparative international law literature: most of it concerns the interpretive approaches of national courts. In fact, one of the field’s seminal pieces characterizes comparative international law as involving “comparative analyses of various domestic court decisions.” Not surprisingly, then, nearly all of this volume’s contributions deal mostly or exclusively with courts and judicial decisions. We agree that courts can play a large part in diversifying how international law works across different systems, but we contend that the foundation of the comparative international law project lies elsewhere. We argue that among the most important and underappreciated interpretative acts—and therefore, those currently most needing study—are the international law interpretations of national legislatures.

Trade Unions

2018 ◽  
Author(s):  
Richard Whiting
Keyword(s):  
Trade Unions ◽  
Political System ◽  
The State ◽  
The Political ◽  
British Politics ◽  
Modern Britain ◽  
The Individual ◽  
The Relationship ◽  
Critical Moments

In assessing the relationship between trade unions and British politics, this chapter has two focuses. First, it examines the role of trade unions as significant intermediate associations within the political system. They have been significant as the means for the development of citizenship and involvement in society, as well as a restraint upon the power of the state. Their power has also raised questions about the relationship between the role of associations and the freedom of the individual. Second, the chapter considers critical moments when the trade unions challenged the authority of governments, especially in the periods 1918–26 and 1979–85. Both of these lines of inquiry underline the importance of conservatism in the achievement of stability in modern Britain.

The Role of the M.P. in Tanzania

1970 ◽  
Vol 64 (3) ◽  
pp. 754-771 ◽  
Author(s):  
Raymond F. Hopkins
Keyword(s):  
Political System ◽  
The Political ◽  
National Assembly ◽  
Political Processes ◽  
Authority Relationships ◽  
New States ◽  
And Shifts ◽  
The Military ◽  
National Legislatures

The study of politics in “developing” countries has tended to focus on the less formal organs of government, such as political parties, the military, the bureaucracy, and even the educational system. National legislatures have often been ignored or rated of little significance in the political processes of these states. This practice contrasts markedly with the attention paid to legislatures in Western states. The most obvious explanation for it is that legislatures in new states tend to have little influence. Important decisions and shifts in power are usually made or recorded elsewhere in the political system.The Bunge, or National Assembly, of Tanzania is no exception to this general phenomenon. Nevertheless, an examination of the role of M.P.'s in Tanzania can be illuminating. The Bunge contains most of the major political leaders and has, at least constitutionally, broad authority. As a consequence, if the Assembly is to be only a weak political body, then informal norms limiting the powers of the M.P.'s role must exist. Moreover, these norms should prescribe authority relationships between the legislature and other policy shaping bodies in the political system, particularly the Party. Thus, an analysis of the roles of these men can provide important insights not only into the functions of the Bunge, but also into the elite political culture of Tanzania and the pattern of politics which this culture supports.

scholarly journals The Role of Bureaucracy during the Ayub Regime in Pakistan

2012 ◽  
Vol 2 (1) ◽  
pp. 150
Author(s):  
Prof. Dr. Razia Musarrat ◽  
Muhammad Salman Azhar
Keyword(s):  
Political System ◽  
Freedom Of Speech ◽  
The Political ◽  
Bureaucratic Structure

The focus of this research is the Pakistan’s bureaucratic structure and its workings during the Ayub Khan’s regime in Pakistan. Authors explore the political system during the Ayub Khan regime and point out that this system was not really political but that was bureaucratic in its nature where people have least freedom of speech.

The Role of Courts in Rifted Democracies

1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Review ◽  
Public Life ◽  
The Political ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court ◽  
Harsh Criticism

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.

Introduction The Birth and Growth of Judicial Review in the Civil Law World

2021 ◽  
pp. 1-8
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The Political ◽  
The United Kingdom

This book is about the stunning birth and growth of judicial review in the civil law world, since 1945. In Volume I of this two-volume series, I showed that judicial review was born and grew in common law G-20 constitutional democracies and in Israel primarily: (1) when there is a need for a federalism or a separation of powers umpire, (2) when there is a rights from wrongs dynamic, (3) when there is borrowing, and (4) when the political structure of a country’s institutions leaves space within which the judiciary can operate. The countries discussed in Volume I were the following: (1) the United States, (2) Canada, (3) Australia, (4) India, (5) Israel, (6) South Africa, and (7) the United Kingdom....

Enquête sur le rapport des journalistes à la démocratie : le rôle de médiateur en question

2012 ◽  
Vol 45 (3) ◽  
pp. 685-710 ◽  
Author(s):  
Anne-Marie Gingras
Keyword(s):  
Political System ◽  
Active Role ◽  
The Political ◽  
Conceptual Approach ◽  
Liberal Societies ◽  
The Face ◽  
The Media ◽  
Selection Of

Résumé.Dans ce texte, nous tentons d'évaluer le rôle sociopolitique des journalistes en posant les éléments fondamentaux d'une conceptualisation du rôle des médias en démocratie et en analysant les résultats d'une recherche empirique sur l'engagement des journalistes envers la démocratie menée de l'été 2008 au printemps 2010. Notre étude prend appui sur la dichotomie entre un rôle actif des médias et un rôle instrumental face au système politique, dichotomie que nous faisons porter sur les journalistes. Nous prétendons que les médias et les journalistes jouent le rôle de « médiateurs » dans les sociétés libérales, c'est-à-dire d'agents individuels ou collectifs par qui transitent des messages explicites ou implicites; ces agents ajoutent une couche de sens par diverses méthodes dont la sélection des nouvelles, la hiérarchisation des sujets ou le cadrage de personnes ou d'événements.Abstract.This paper aims to assess the sociopolitical role of journalists through a conceptual approach linking media and democracy and through an analysis of the data resulting from an investigation of journalists' commitment to democracy that was conducted from the summer of 2008 to the spring of 2010. Our study is founded on the dichotomy between an active role for the media and an instrumental one in the face of the political system, and this dichotomy is applied to journalists. We believe that the media and journalists function as “mediators” in liberal societies, that is, as individual or collective agents through whom explicit or implicit messages pass; these agents add a layer of signification by diverse methods, among which are the selection of news, the categorization of issues or the framing of individuals or events.

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