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This Research Handbook is a multi-faceted, comparative analysis of
how law and political systems interact around the world. Chapters
include analyses of judicial deference, congressional support,
democratic representation, politicization of courts, public
support, and judicialization across multiple jurisdictions in the
United States and abroad. Chapters also investigate transnational
courts and the linkages between international and domestic law and
politics. Addressing these relationships from a comparative
perspective, the Handbook illustrates how different political
contexts lead to different uses of law and how courts respond to
divergent political environments. An impressive array of
contributors, and the editors, examine law and political systems on
a global scale through either country-specific analyses,
comparative analyses, or the examination of transnational
institutions. Scholars interested in law and courts, judicial
politics, the rule of law, and governance will find this Research
Handbook to be a valuable resource. It will provide a helpful
foundation for advanced students of both political science and law
and will be a useful reference tool for judges and those operating
in a judicial or political sphere.
This new edition has been extensively updated to reflect
developments in Georgia politics and government since 2007 - a
decade that has seen three presidential election cycles, two
midterm elections, and a census. Updates reflect not only changes
in how Georgia is governed but also the economic and social trends
helping to drive those changes. These include the continued growth
and dispersal of Hispanic and Asian populations; the decline, by a
variety of measures, of rural areas; and the moderating effect of
probusiness government factions on social conservative agendas.
This edition maintains the book's comparative approach, which
examines the state from three revealing perspectives. This allows
readers to determine the extent to which Georgia is similar to its
peers on such topics as the length and features of the
constitution, the organization of the state government, and the
nature of policies. All this allows students and scholars to have a
better understanding of the political and economic dynamics of
Georgia and the relationship of those dynamics to national
political and economic developments. The result is a thorough,
up-to-date resource on Georgia's dynamic political system.
The Constitution allows the president to Ofill up all Vacancies
that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next Session.O
In Justice Takes a Recess, Scott E. Graves and Robert M. Howard
address how presidents have used recess appointments over time and
whether the independence of judicial recess appointees is
compromised. They argue that these appointments can upset the
separation of powers envisioned by the Framers, shifting power away
from one branch of government and toward another. Examining every
judicial recess appointment from 1789 to 2005, the authors discover
that presidents are conditionally strategic when they unilaterally
appoint federal judges during Senate recesses. Such appointments
were made cautiously for most of the twentieth century, leading to
a virtual moratorium for several decades, until three recent recess
appointments to the courts in the face of Senate obstruction
revived the controversy. These appointments suggest the beginning
of a more assertive use of recess appointments in the increasingly
politicized activity of staffing the federal courts. The authors
argue that the recess appointment clause, as it pertains to the
judiciary, is no longer necessary or desirable. The strategic use
of such appointments by strong presidents to shift judicial
ideology, combined with the lack of independence exhibited by
judicial recess appointments, results in recess power that
threatens constitutional features of the judicial branch.
The Constitution allows the president to "fill up all Vacancies
that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next Session."
In Justice Takes a Recess, Scott E. Graves and Robert M. Howard
address how presidents have used recess appointments over time and
whether the independence of judicial recess appointees is
compromised. They argue that these appointments can upset the
separation of powers envisioned by the Framers, shifting power away
from one branch of government and toward another. Examining every
judicial recess appointment from 1789 to 2005, the authors discover
that presidents are conditionally strategic when they unilaterally
appoint federal judges during Senate recesses. Such appointments
were made cautiously for most of the twentieth century, leading to
a virtual moratorium for several decades, until three recent recess
appointments to the courts in the face of Senate obstruction
revived the controversy. These appointments suggest the beginning
of a more assertive use of recess appointments in the increasingly
politicized activity of staffing the federal courts. The authors
argue that the recess appointment clause, as it pertains to the
judiciary, is no longer necessary or desirable. The strategic use
of such appointments by strong presidents to shift judicial
ideology, combined with the lack of independence exhibited by
judicial recess appointments, results in recess power that
threatens constitutional features of the judicial branch.
Interest in social science and empirical analyses of law, courts
and specifically the politics of judges has never been higher or
more salient. Consequently, there is a strong need for theoretical
work on the research that focuses on courts, judges and the
judicial process. The Routledge Handbook of Judicial Behavior
provides the most up to date examination of scholarship across the
entire spectrum of judicial politics and behavior, written by a
combination of currently prominent scholars and the emergent next
generation of researchers. Unlike almost all other volumes, this
Handbook examines judicial behavior from both an American and
Comparative perspective. Part 1 provides a broad overview of the
dominant Theoretical and Methodological perspectives used to
examine and understand judicial behavior, Part 2 offers an in-depth
analysis of the various current scholarly areas examining the U.S.
Supreme Court, Part 3 moves from the Supreme Court to examining
other U.S. federal and state courts, and Part 4 presents a
comprehensive overview of Comparative Judicial Politics and
Transnational Courts. Each author in this volume provides
perspectives on the most current methodological and substantive
approaches in their respective areas, along with suggestions for
future research. The chapters contained within will generate
additional scholarly and public interest by focusing on topics most
salient to the academic, legal and policy communities.
Interest in social science and empirical analyses of law, courts
and specifically the politics of judges has never been higher or
more salient. Consequently, there is a strong need for theoretical
work on the research that focuses on courts, judges and the
judicial process. The Routledge Handbook of Judicial Behavior
provides the most up to date examination of scholarship across the
entire spectrum of judicial politics and behavior, written by a
combination of currently prominent scholars and the emergent next
generation of researchers. Unlike almost all other volumes, this
Handbook examines judicial behavior from both an American and
Comparative perspective. Part 1 provides a broad overview of the
dominant Theoretical and Methodological perspectives used to
examine and understand judicial behavior, Part 2 offers an in-depth
analysis of the various current scholarly areas examining the U.S.
Supreme Court, Part 3 moves from the Supreme Court to examining
other U.S. federal and state courts, and Part 4 presents a
comprehensive overview of Comparative Judicial Politics and
Transnational Courts. Each author in this volume provides
perspectives on the most current methodological and substantive
approaches in their respective areas, along with suggestions for
future research. The chapters contained within will generate
additional scholarly and public interest by focusing on topics most
salient to the academic, legal and policy communities.
To what extent do courts make social and public policy and
influence policy change? This innovative text analyzes this
question generally and in seven distinct policy areas that play out
in both federal and state courts-tax policy, environmental policy,
reproductive rights, sex equality, affirmative action, school
finance, and same-sex marriage. The authors address these issues
through the twin lenses of how state and federal courts must and do
interact with the other branches of government and whether judicial
policy-making is a form of activist judging. Each chapter uncovers
the policymaking aspects of judicial process by investigating the
current state of the law, the extent of court involvement in policy
change, the responses of other governmental entities and outside
actors, and the factors which influenced the degree of
implementation and impact of the relevant court decisions.
Throughout the book, Howard and Steigerwalt examine and analyze the
literature on judicial policy-making as well as evaluate existing
measures of judicial ideology, judicial activism, court and legal
policy formation, policy change and policy impact. This unique text
offers new insights and areas to research in this important field
of American politics.
To what extent do courts make social and public policy and
influence policy change? This innovative text analyzes this
question generally and in seven distinct policy areas that play out
in both federal and state courts-tax policy, environmental policy,
reproductive rights, sex equality, affirmative action, school
finance, and same-sex marriage. The authors address these issues
through the twin lenses of how state and federal courts must and do
interact with the other branches of government and whether judicial
policy-making is a form of activist judging. Each chapter uncovers
the policymaking aspects of judicial process by investigating the
current state of the law, the extent of court involvement in policy
change, the responses of other governmental entities and outside
actors, and the factors which influenced the degree of
implementation and impact of the relevant court decisions.
Throughout the book, Howard and Steigerwalt examine and analyze the
literature on judicial policy-making as well as evaluate existing
measures of judicial ideology, judicial activism, court and legal
policy formation, policy change and policy impact. This unique text
offers new insights and areas to research in this important field
of American politics.
This new edition has been extensively updated to reflect
developments in Georgia politics and government since 2007 - a
decade that has seen three presidential election cycles, two
midterm elections, and a census. Updates reflect not only changes
in how Georgia is governed but also the economic and social trends
helping to drive those changes. These include the continued growth
and dispersal of Hispanic and Asian populations; the decline, by a
variety of measures, of rural areas; and the moderating effect of
probusiness government factions on social conservative agendas.
This edition maintains the book's comparative approach, which
examines the state from three revealing perspectives. This allows
readers to determine the extent to which Georgia is similar to its
peers on such topics as the length and features of the
constitution, the organization of the state government, and the
nature of policies. All this allows students and scholars to have a
better understanding of the political and economic dynamics of
Georgia and the relationship of those dynamics to national
political and economic developments. The result is a thorough,
up-to-date resource on Georgia's dynamic political system.
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