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Judges in Contemporary Democracy: An International Conversation

Overview

Law, politics, and society in the modern West have been marked by the increasing power of the judge: the development of constitutional justice, the evolution of international judiciaries, and judicial systems that extend even further into social life. Judges make decisions that not only enforce the law, but also codify the values of our times.

In the summer of 2000, an esteemed group of judges and legal scholars met in Provence, France, to consider the role of the judge in ...

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Overview

Law, politics, and society in the modern West have been marked by the increasing power of the judge: the development of constitutional justice, the evolution of international judiciaries, and judicial systems that extend even further into social life. Judges make decisions that not only enforce the law, but also codify the values of our times.

In the summer of 2000, an esteemed group of judges and legal scholars met in Provence, France, to consider the role of the judge in modern society. They included Robert Badinter, former president of the Constitutional Council in France; Stephen Breyer, Justice of the Supreme Court of the United States; Antonio Cassese, the first president of the International Criminal Tribunal for the former Yugoslavia; Dieter Grimm, former vice president of the Constitutional Court of Germany; Gil Carlos Rodriguez, president of the Court of Justice of the European Union; and Ronald Dworkin, formerly of Oxford University, now professor of philosophy and law at the New York University Law School. What followed was an animated discussion ranging from the influence of the media on the judiciary to the development of an international criminal law to the judge's consideration of the judge's own role. Judges in Contemporary Democracy offers a rare and intimate glimpse into the powers and the role of judges in today's society.

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Editorial Reviews

From the Publisher

"Fascinating, spirited, and unique. This unusual book offers fresh illumination about what judges do and why they do it."

-Cass R. Sunstein,University of Chicago

"The format suggests that one has been invited into a special, high-level conversation where we can glimpse the uncensored converstation of thoughtful and seasoned jurists."

-The Law and Politics Book Review,

"The occasional flashes of insight and the unique perspectives of the participants make this book invaluable for students doing research on the judicial process."

-CHOICE,

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Product Details

  • ISBN-13: 9780814799260
  • Publisher: New York University Press
  • Publication date: 6/1/2004
  • Pages: 328
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.75 (d)

Meet the Author

Stephen Breyer is Justice of the Supreme Court of the United States.

Robert Badinter is the former president of the Constitutional Council of France.

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Table of Contents

1 Judicial activism 17
1.1 Presentation 17
1.2 Discussion : judicial activism 26
2 The secular papacy 67
2.1 Presentation 67
2.2 Discussion : the secular papacy 79
3 Supervision of the political process 117
3.1 Presentation : judicial checks upon the electoral process 117
3.2 Discussion : supervision of the political process 133
4 International criminal justice 175
4.1 Presentation 175
4.2 Discussion : international criminal justice 189
5 The infernal couple : justice and the media in the information age 255
5.1 Presentation 255
5.2 Discussion : the infernal couple : justice and the media in the information age 257
6 The judge confronts himself as judge 275
6.1 Presentation 275
6.2 Discussion : the judge confronts himself as judge 285
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