The Judge in a Democracy
јан 2009. · Princeton University Press
E-knjiga
368
Stranica
family_home
Ispunjava uslove
info
reportOcene i recenzije nisu verifikovane Saznajte više
O ovoj e-knjizi
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book.
In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy.
Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia.
As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy.
Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia.
As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
O autoru
Aharon Barak is President of the Supreme Court of Israel. He is the author of Judicial Discretion (1989), Purposive Interpretation in Law (Princeton, 2005), several books in Hebrew, and numerous articles in English-language law journals.
Ocenite ovu e-knjigu
Javite nam svoje mišljenje.
Informacije o čitanju
Pametni telefoni i tableti
Instalirajte aplikaciju Google Play knjige za Android i iPad/iPhone. Automatski se sinhronizuje sa nalogom i omogućava vam da čitate onlajn i oflajn gde god da se nalazite.
Laptopovi i računari
Možete da slušate audio-knjige kupljene na Google Play-u pomoću veb-pregledača na računaru.
E-čitači i drugi uređaji
Da biste čitali na uređajima koje koriste e-mastilo, kao što su Kobo e-čitači, treba da preuzmete fajl i prenesete ga na uređaj. Pratite detaljna uputstva iz centra za pomoć da biste preneli fajlove u podržane e-čitače.
