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The judge in a democracy
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The judge in a democracy

Author: Aharon Barak
Publisher: Princeton, N.J. : Princeton University Press, ©2006.
Edition/Format:   Book : EnglishView all editions and formats
Summary:
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  Read more...
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Details

Material Type: Internet resource
Document Type: Book, Internet Resource
All Authors / Contributors: Aharon Barak
ISBN: 069112017X 9780691120171
OCLC Number: 61821762
Description: xxi, 332 p. ; 24 cm.
Contents: Bridging the gap between law and society --
Protection the Constitution and democracy --
Preconditions for realizing the judicial role --
The meaning of means --
Interpretation --
The development of the common law --
Balancing and weighing --
Non-justiciability, or "political questions" --
Standing --
Comparative law --
The judgment --
Tension among the branches --
The relationship between the judiciary and the legislature --
The relationship between the judiciary and the executive --
Activism and self-restraint --
The judicial role and the problem of terrorism --
The role of the judge: Theory, practice, and the future.
Other Titles: Shofeṭ be-ḥevrah ha-demoḳraṭit.
Responsibility: Aharon Barak.
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Abstract:

Sets forth a vision of the role of the judge. This book argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the  Read more...

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Aharon Barak [states] that it is precisely because judges are not politicians that they are the right people to undertake the constitutional role of ensuring that the legislature and the executive Read more...

 
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