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Judicial vetoes : decision-making on mixed selection constitutional courts / Lydia Brashear Tiede, University of Houston.

By: Material type: TextTextSeries: Comparative constitutional law and policyPublisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022Description: 1 online resource (xviii, 305 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781009058254 (ebook)
Subject(s): Additional physical formats: Print version: : No titleDDC classification:
  • 342.8/00269 23/eng/20220331
LOC classification:
  • KH501 .T54 2022
Online resources:
Contents:
Introduction -- The implications of mixed judicial selection on decision-making -- Mixed judicial selection : prevalence and variation -- The Chilean Constitutional Tribunal in political context -- The Colombian Constitutional Court in political context -- Determinants of legal invalidation by constitutional judges -- Determinants of legal invalidation by constitutional courts -- Weak judicial vetoes and contentious politics -- Conclusion : judicial selection and decision-making.
Summary: How does the selection of judges influence the work they do in important constitutional courts? Does mixed judicial selection, which allows more players to choose judges, result in a court that is more independent and one that can check powerful executives and legislators? Existing literature on constitutional courts tends to focus on how judicial behaviour is motivated by judges' political preferences. Lydia Brashear Tiede argues for a new approach, showing that, under mixed selection, institutions choose different types of judges who represent different approaches to constitutional adjudication and thus have different propensities for striking down laws. Using empirical evidence from the constitutional courts of Chile and Colombia, this book develops a framework for understanding the factors, external and internal to courts, which lead individual judges, as well as the courts in which they work, to veto a law.
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eBooks eBooks Central Library Law Available EB0641

Title from publisher's bibliographic system (viewed on 25 Jul 2022).

Introduction -- The implications of mixed judicial selection on decision-making -- Mixed judicial selection : prevalence and variation -- The Chilean Constitutional Tribunal in political context -- The Colombian Constitutional Court in political context -- Determinants of legal invalidation by constitutional judges -- Determinants of legal invalidation by constitutional courts -- Weak judicial vetoes and contentious politics -- Conclusion : judicial selection and decision-making.

How does the selection of judges influence the work they do in important constitutional courts? Does mixed judicial selection, which allows more players to choose judges, result in a court that is more independent and one that can check powerful executives and legislators? Existing literature on constitutional courts tends to focus on how judicial behaviour is motivated by judges' political preferences. Lydia Brashear Tiede argues for a new approach, showing that, under mixed selection, institutions choose different types of judges who represent different approaches to constitutional adjudication and thus have different propensities for striking down laws. Using empirical evidence from the constitutional courts of Chile and Colombia, this book develops a framework for understanding the factors, external and internal to courts, which lead individual judges, as well as the courts in which they work, to veto a law.

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