Cantitate/Preț
Produs

Responsive Judicial Review: Democracy and Dysfunction in the Modern Age: Oxford Comparative Constitutionalism

Autor Rosalind Dixon
en Limba Engleză Paperback – 28 mai 2025
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-by encouraging courts to orient choices about constitutional construction toward promoting democratic responsiveness, or countering forms of democratic monopoly, blind spots, and burdens of inertia. At the same time, 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. This translates into courts embracing a 'weakened' approach to judicial finality, or 'weak-strong' judicial review and remedies, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality. Dixon further argues that courts should look for ways to increase the legitimacy of their decisions-through careful choices about their framing, and the timing and selection of cases. 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.
Citește tot Restrânge

Toate formatele și edițiile

Toate formatele și edițiile Preț Express
Paperback (1) 20632 lei  23-29 zile
  OUP OXFORD – 28 mai 2025 20632 lei  23-29 zile
Hardback (1) 63306 lei  23-29 zile +17452 lei  7-11 zile
  OUP OXFORD – 16 feb 2023 63306 lei  23-29 zile +17452 lei  7-11 zile

Din seria Oxford Comparative Constitutionalism

Preț: 20632 lei

Preț vechi: 26844 lei
-23% Nou

Puncte Express: 309

Preț estimativ în valută:
3651 4281$ 3206£

Carte disponibilă

Livrare economică 22-28 ianuarie 26

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9780198938910
ISBN-10: 0198938918
Pagini: 320
Dimensiuni: 155 x 235 x 17 mm
Greutate: 0.48 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Comparative Constitutionalism

Locul publicării:Oxford, United Kingdom

Recenzii

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.
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.
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.
Dixon's stimulating work presents a reformist vision that is sure to re-energise the debates on judicial review and constitutional democracy.
Dixon formulates a meticulously crafted dialogic theory- one that embodies equilibrium, yet firmly rooted in principles of self-restraint and cautious calibration of the extent and potency of Judicial decision-making.
Dixon's work draws on experiences from many jurisdictions, including Australia, Brazil, Canada, Colombia, Fiji, Germany, Hong Kong, India, Israel, Korea, Pakistan, Singapore, South Africa, the UK, the US, and New Zeaand. The sheer breadth of her comparative exercise of constitutional theory makes the book a must-read for academic scholars and practioners who turn to courts to litigate critical questions of constitutional law.
Dixon's exposition of modern democratic dysfunction and responsive judging arrives at an opportune time, in which both newer and more established democracies are experiencing considerable challenges to their democratic norms and structures. Dixon contributes to the growing literature on this topic by offering a careful definition and catalogue of the ills plaguing modern democracies alongside reflections on the legitimacy and effectiveness of institutional responses.

Notă biografică

Rosalind Dixon is a leading global expert on comparative constitutional law, design, and democracy. She is Scientia Professor of Law at UNSW Sydney, and a former assistant professor at the University of Chicago Law School, visiting professor at Columbia Law School, Harvard Law School, and the National University of Singapore. She has served as co-president of the International Society of Public Law, and is a member of the Australian Academy of Law and Academy of Arts and Social Sciences.