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Oxford Comparative Constitutional
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- Buy it nowOxford Comparative Constitutionalism Ser.: Responsive Judicial Review :...
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Item specifics
- Condition
- ISBN
- 9780192865779
About this product
Product Identifiers
Publisher
Oxford University Press, Incorporated
ISBN-10
0192865773
ISBN-13
9780192865779
eBay Product ID (ePID)
27057241911
Product Key Features
Number of Pages
320 Pages
Publication Name
Responsive Judicial Review : Democracy and Dysfunction in the Modern Age
Language
English
Publication Year
2023
Subject
Constitutional, Judicial Power, General, Comparative
Type
Textbook
Subject Area
Law
Series
Oxford Comparative Constitutionalism Ser.
Format
Hardcover
Dimensions
Item Height
0.9 in
Item Weight
22 Oz
Item Length
9.5 in
Item Width
6.5 in
Additional Product Features
Intended Audience
Scholarly & Professional
LCCN
2022-934445
Dewey Edition
23
Reviews
"In this masterful work, Rosalind Dixon returns judicial representation-reinforcement to center stage in our understanding of judicial review. Her theory of how judicial intervention can counteract democratic dysfunction is rooted in rich examples and a breadth and depth of comparative expertise that reflects her position as a leading scholar in the field. What makes this book of exceptional importance is its close attention to the opportunities and challenges in operationalizing responsive judicial review; Dixon speaks directly to judges in outlining how constitutional courts might function as democracy-protecting and democracy-promoting. In presenting a theory of judicial review alongside guidance for its implementation, Dixon reanimates our aspirations for courts as valued participants in achieving a society committed to democratic responsiveness." -- Erin F. Delaney, Professor of Law, Northwestern University Pritzker School of Law "Comprehensive in its sweep, systematic in its analysis, and yet distinctive in its focus, Rosalind Dixon's insightful book is a major contribution to the growing comparative literature on political process approaches to constitutional review." -- Stephen Gardbaum, Stephen Yeazell Endowed Chair in Law, UCLA "Professor Dixon has written a landmark book on the theory of judicial review. Using excellent examples drawn from around the world, she shows how courts should modulate their decision-making in response to legal, social, and political context. Her book will become the go-to resource for the field, on which all future work will build." -- David Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law, "In this masterful work, Rosalind Dixon returns judicial representation-reinforcement to center stage in our understanding of judicial review. Her theory of how judicial intervention can counteract democratic dysfunction is rooted in rich examples and a breadth and depth of comparative expertise that reflects her position as a leading scholar in the field. What makes this book of exceptional importance is its close attention to the opportunities and challenges in operationalizing responsive judicial review; Dixon speaks directly to judges in outlining how constitutional courts might function as democracy-protecting and democracy-promoting. In presenting a theory of judicial review alongside guidance for its implementation, Dixon reanimates our aspirations for courts as valued participants in achieving a society committed to democratic responsiveness." -- Erin F. Delaney, Professor of Law, Northwestern University Pritzker School of Law"Comprehensive in its sweep, systematic in its analysis, and yet distinctive in its focus, Rosalind Dixon's insightful book is a major contribution to the growing comparative literature on political process approaches to constitutional review." -- Stephen Gardbaum, Stephen Yeazell Endowed Chair in Law, UCLA"Professor Dixon has written a landmark book on the theory of judicial review. Using excellent examples drawn from around the world, she shows how courts should modulate their decision-making in response to legal, social, and political context. Her book will become the go-to resource for the field, on which all future work will build." -- David Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law, Comprehensive in its sweep, systematic in its analysis, and yet distinctive in its focus, Rosalind Dixon's insightful book is a major contribution to the growing comparative literature on political process approaches to constitutional review.
Dewey Decimal
347.012
Table Of Content
1. Introduction2. Constitutions and Constructional Choice3. Defining Democracy and Democratic Dysfunction4. The Scope and Intensity of Responsive Judicial Review5. Democratic Dysfunction and the Effectiveness of Responsive Review6. Risks to Democracy: Reverse Inertia, Democratic Backlash, and Debilitation7. Toward Strong-Weak - Weak-Strong Judicial Review and Remedies8. A Responsive Judicial Voice: Building a Court's Legitimacy9. Conclusion: Towards a New Comparative Political Process Theory
Synopsis
Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea. In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions--through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system's responsiveness to democratic majority understandings. The idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a 'weakened' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality, and an embrace of 'weak - strong' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values., Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction., Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea.In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions--through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system's responsiveness to democratic majority understandings. The idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a 'weakened' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality, and an embrace of 'weak - strong' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.
LC Classification Number
K3175
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99.2% positive Feedback•816 items sold
Registered as a private sellerThereby, consumer rights stemming from EU consumer protection law do not apply. eBay buyer protection still applies to most purchases.
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- o***2 (900)- Feedback left by buyer.Past monthVerified purchaseShipping was fast everything was packaged perfectly items were all as described and you really couldn’t beat the value in the price thank you very much AAA+++ sellerReply from: astral360- Feedback replied to by seller astral360.- Feedback replied to by seller astral360.Thank you so much!
- z***s (303)- Feedback left by buyer.Past 6 monthsVerified purchaseJust. Wow!!! My Dremel drill press arrived in PERFECT condition in less than 5 days which, for my location in the Virgin Islands, is SUPER-fast. Box was double-wrapped in plastic to resist water damage. Very,, VERY happy! Thank you SO much!!!Reply from: astral360- Feedback replied to by seller astral360.- Feedback replied to by seller astral360.Thank you so much for your time and appreciation.Dremel 220-01 Rotary Tool Work Station (#404909538708)
- e***b (1576)- Feedback left by buyer.Past monthVerified purchaseExactly as described - like new condition, packaged carefully & received at the speed of light.Reply from: astral360- Feedback replied to by seller astral360.- Feedback replied to by seller astral360.Thanks a lot for your time and kind review.