Appointing Judges in an Age of Judicial Power: Critical Perspectives from around the World Edited by KATE MALLESON and PETER H. RUSSELL

2008 ◽  
Vol 51 (1) ◽  
pp. 185-188
Author(s):  
Peter H. Solomon
Keyword(s):  
Judicial Power ◽  
The World ◽  
Critical Perspectives

Rushing for Gold Redux

2019 ◽  
Vol 88 (2) ◽  
pp. 336-344
Author(s):  
Andrew C. Isenberg
Keyword(s):  
World War Ii ◽  
Full Text ◽  
Historical Review ◽  
Gold Rush ◽  
International Perspective ◽  
Special Issue ◽  
World War ◽  
The World ◽  
Looking Back ◽  
Critical Perspectives

Seventy years ago, Pacific Historical Review published one of the journal’s first “special issues,” looking back on the California Gold Rush. The special issue came at a significant transitional moment in the study of the Gold Rush. In the late 1940s, historians had begun to turn away from nationalist and celebratory accounts of the Gold Rush and toward more critical perspectives. The influence of the World War II was acute, particularly in encouraging a more international perspective on the Gold Rush. (The full text of the 1949 special issue, “Rushing for Gold,” is available at http://phr.ucpress.edu/content/18/1.)

“ʼTis but the chance of War”: Fortune and Opportunity in Shakespeare’s Troilus and Cressida

2016 ◽  
Vol 42 (1) ◽  
pp. 28-58
Author(s):  
Marina Ansaldo
Keyword(s):  
Successful Outcome ◽  
Brute Force ◽  
Troilus And Cressida ◽  
The World ◽  
Critical Perspectives

The study of the representation of the interrelated notions of Fortune andOccasioin Shakespeare’sTroilus and Cressidahas been largely neglected by critics. This is particularly surprising because this play, where all that takes place is nothing “but the chance of war,” and characters’ efforts and expectations are often contradicted by the turns of events, seems to invite us to meditate upon what determines a successful outcome. This article shows that considering the concepts of Fortune and Occasion, and the imagery traditionally associated with them, can provide original critical perspectives on this play. The manner in which the characters refer to Fortune/Occasioreveals the extent to which each of them is willing and capable of exercising agency. Sheer opportunism and brute force are what is required to win in the world of the play, where valor, honor and chivalry have become obsolete vestiges of a lost mythical past.

Conclusion

2017 ◽  
Author(s):  
Eve E. Buckley
Keyword(s):  
Regional Development ◽  
Political Organization ◽  
Development Projects ◽  
Northeast Brazil ◽  
Military Dictatorship ◽  
The World ◽  
1960S And 1970S ◽  
Similar Development ◽  
Critical Perspectives

This concluding section briefly traces the shift in approaches to regional development that took place under Brazil’s military dictatorship during the late 1960s and 1970s, with increased focus on urban industrialization and reduced interest in smallholder irrigated farming. Critical perspectives on approaches to northeast development during and after the dictatorship, from Brazilian academics and intellectuals like Celso Furtado—first director of SUDENE (the Superintendencia de Desenvolvimento do Nordeste)—and others are emphasized. The book ends by evaluating the limits of technocratic solutions to problems rooted in social and political organization—of which drought in northeast Brazil is an exemplar—with reference to similar development projects elsewhere in the world.

Judicial Review

2017 ◽  
Author(s):  
Tom Clark
Keyword(s):  
Judicial Review ◽  
Academic Research ◽  
Judicial Power ◽  
Future Research ◽  
American System ◽  
Legal Traditions ◽  
The World ◽  
Core Feature ◽  
Practical Implications ◽  
Historical Origins

Judicial review is the power of a court to pass judgment on actions taken in other branches of government, most notably with respect to the constitutionality of legislation enacted by representative legislatures. It is a core feature of judicial power that is prominent in the American system and is increasingly prevalent around the world across all legal traditions. This chapter provides a brief overview of the historical origins and spread of the practice of judicial review. The chapter then reviews two streams of academic research––normative and empirical––that seek to understand the theoretical and practical implications of the practice of judicial review in a representative democracy. The chapter highlights fruitful avenues for future research at the intersection of these lines of inquiry.

RESTRICTIONS ON JUDICIAL ELECTION CAMPAIGN SPEECH: SILENCING CRITICISM OF LIBERAL ACTIVISM

2004 ◽  
Vol 21 (2) ◽  
pp. 148-176 ◽  
Author(s):  
Lino A. Graglia
Keyword(s):  
United States ◽  
Judicial Review ◽  
Constitutional Law ◽  
The United States ◽  
Judicial Power ◽  
Election Campaign ◽  
Judicial Activism ◽  
Policy Choices ◽  
The World

Constitutional law in the United States is, for most practical purposes, the product of ‘judicial review’, the power of judges to disallow policy choices made by other officials or institutions of government, ostensibly because those choices are prohibited by the Constitution. This extraordinary and unprecedented power, America's dubious contribution to the science of government, has made American judges the most powerful in the world, not only legislators but super-legislators, legislators with virtually the last word. Because lawmaking power divorced from popular will is tyranny, most states have attempted to reconcile the lawmaking power of judges with representative self-government by subjecting all or some judges to some form of popular election. In all but four such states, judges, encouraged and supported by their fellow lawyers in the organized bar—would-be judges and beneficiaries of judicial power—have responded by adopting codes of judicial ethics that limit what candidates for election to judicial office are permitted to say. The effect is to undermine elections as a control on judicial power by limiting criticism of judicial activism, the misuse of judicial power.

9. Constitutions, Rights, and Judicial Power

2020 ◽  
pp. 159-177
Author(s):  
Alec Stone Sweet
Keyword(s):  
Simple Theory ◽  
Judicial Power ◽  
Policy Outcomes ◽  
Political Elites ◽  
Constitutional Rights ◽  
Constitutional Review ◽  
The World ◽  
Key Concepts ◽  
Constitutional Justice

This chapter focuses on the evolution of systems of constitutional justice since 1787. It first provides an overview of key concepts and definitions, such as constitution, constitutionalism, and rights, before presenting a simple theory of delegation and judicial power. In particular, it explains why political elites would delegate power to constitutional judges, and how to measure the extent of power, or discretion, delegated. It then considers different kinds of constitutions, rights, models of constitutional review, and the main precepts of ‘the new constitutionalism’. It also traces the evolution of constitutional forms and suggests that as constitutional rights and review has diffused around the world, so has the capacity of constitutional judges to influence, and sometimes determine, policy outcomes.

scholarly journals The Question of Nationalism and Belonging

Religions ◽  
2018 ◽  
Vol 9 (11) ◽  
pp. 351
Author(s):  
David Buyze
Keyword(s):  
World Today ◽  
Mise En Scene ◽  
The World ◽  
East West ◽  
Critical Perspectives

This paper situates an analysis on the commonalities and ordinariness of Jewish and Muslim experiences vis-à-vis a critique on nationalism and belonging in the literature of Edeet Ravel and Mohsin Hamid, in addition to other writers. These literary writers are highlighted by an exploration of Eran Riklis’ film A Borrowed Identity amidst the critical perspectives of Ari Shavit, Leila Ahmed, Edward W. Said, and Justin Trudeau. The focus on Israel/Palestine is complemented by addressing sustained issues of nationalism and belonging in America that reverberate on global degrees of awareness as to how religious degrees of belonging can be reconsidered in light of understanding instantiations of cultural mise-en-scène from nuanced degrees of awareness. In turn, a multifaceted unsettling of identity, religion, and culture is posited that vividly collapses distinctions between East/West in revealing highly different ways of contemplating perceptions of Jews and Muslims in the world today.

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