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Justice V R Krishna Iyer was a dynamic lawyer. He was elevated as a Judge of the Kerala High Court and served as a ‘Super Judge of the Supreme Court of India’. He had also fought in the general election and served as Minister in Kerala. He was a contestant to the high office of president of India too. He has delivered more than 750 judgments in the tenure of fewer than eight years, in the Supreme Court of India, which has served as guiding precedents with resounding effects, even after four decades. This book is a prospective analysis of the progressive pronouncements of Justice V R Krishna Iyer and his extra-judicial writings. The inimitable language and the contribution of words to the legal vocabulary by Justice V R Krishna Iyer are discussed quoting with relevant decisions. The Judgments penned down by Justice V R Krishna Iyer in Ediga Annama case, (1974) which suggested a penealogical solution for the punitive dilemma and the decision in Maneka Gandhi case (1978) that widened the scope of Article 21, Constitution of India are well examined are presented for the readers with more information. The narratives and messages in the case of CB Muthmma, (1979) the first IFS qualified woman and how it removed the masculine prejudice from the Service Rules are useful law students and legal practitioners as well. This book invites the readers on a fascinating journey of judgments which set new trends in Bail jurisprudence, legal aid to justice seekers and other important areas, we confront every day.
Populism is a central concept in the current media debates about politics and elections. However, like most political buzzwords, the term often floats from one meaning to another, and both social scientists and journalists use it to denote diverse phenomena. What is populism really? Who are the populist leaders? And what is the relationship between populism and democracy? This book answers these questions in a simple and persuasive way, offering a swift guide to populism in theory and practice. Cas Mudde and Cristóbal Rovira Kaltwasser present populism as an ideology that divides society into two antagonistic camps, the "pure people" versus the "corrupt elite," and that privileges the general will of the people above all else. They illustrate the practical power of this ideology through a survey of representative populist movements of the modern era: European right-wing parties, left-wing presidents in Latin America, and the Tea Party movement in the United States. The authors delve into the ambivalent personalities of charismatic populist leaders such as Juan Domingo Péron, H. Ross Perot, Jean-Marie le Pen, Silvio Berlusconi, and Hugo Chávez. If the strong male leader embodies the mainstream form of populism, many resolute women, such as Eva Péron, Pauline Hanson, and Sarah Palin, have also succeeded in building a populist status, often by exploiting gendered notions of society. Although populism is ultimately part of democracy, populist movements constitute an increasing challenge to democratic politics. Comparing political trends across different countries, this compelling book debates what the long-term consequences of this challenge could be, as it turns the spotlight on the bewildering effect of populism on today's political and social life.
The Oxford Handbook of Populism presents the state of the art of research on populism from the perspective of Political Science. The book features work from the leading experts in the field, and synthesizes the main strands of research in four compact sections: concepts, issues, regions, and normative debates. Due to its breath, The Oxford Handbook of Populism is an invaluable resource for those interested in the study of populism, but also forexperts in each of the topics discussed, who will benefit from accounts of current discussions and research gaps, as well as a map of new directions in the study of populism.
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
An innovator in contemporary thought on economic and political development looks here at decline rather than growth. Albert O. Hirschman makes a basic distinction between alternative ways of reacting to deterioration in business firms and, in general, to dissatisfaction with organizations: one, “exit,” is for the member to quit the organization or for the customer to switch to the competing product, and the other, “voice,” is for members or customers to agitate and exert influence for change “from within.” The efficiency of the competitive mechanism, with its total reliance on exit, is questioned for certain important situations. As exit often undercuts voice while being unable to counteract decline, loyalty is seen in the function of retarding exit and of permitting voice to play its proper role. The interplay of the three concepts turns out to illuminate a wide range of economic, social, and political phenomena. As the author states in the preface, “having found my own unifying way of looking at issues as diverse as competition and the two-party system, divorce and the American character, black power and the failure of ‘unhappy’ top officials to resign over Vietnam, I decided to let myself go a little.”
This book is a topical study of populist constitutionalism and illiberal democracies, exploring their roots in constitutional imagination as well as their normative entrenchment and performance in political reality. It provides insightful analysis of republican constitutionalism, focusing on the role of people in radical democracy and revolutionary constitutional reform. Furthermore, the outlook, adequacy and performance of constitutional principles in times of democratic ruptures are assessed. The contributors examine the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. The book includes original analyses of populist constitutionalism from the viewpoint of emotions and constitutional imagination, as well as a special chapter devoted to the challenges posed to constitutional democracy by COVID-19. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored.00'Populist Constitutionalism and Illiberal Democracies' is a timely contribution to the lively discussion surrounding constitutional law, comparative constitutional law, comparative constitutionalism and political science regarding the rise and spread of illiberal democracies, authoritarian political regimes and revolutionary, radical democratic and populist constitutionalism.
Populism is on the rise in Europe and the Americas. Scholars increasingly understand populist forces in terms of their ideas or discourse, one that envisions a cosmic struggle between the will of the common people and a conspiring elite. In this volume, we advance populism scholarship by proposing a causal theory and methodological guidelines – a research program – based on this ideational approach. This program argues that populism exists as a set of widespread attitudes among ordinary citizens, and that these attitudes lie dormant until activated by weak democratic governance and policy failure. It offers methodological guidelines for scholars seeking to measure populist ideas and test their effects. And, to ground the program empirically, it tests this theory at multiple levels of analysis using original data on populist discourse across European and US party systems; case studies of populist forces in Europe, Latin America, and the US; survey data from Europe and Latin America; and experiments in Chile, the US, and the UK. The result is a truly systematic, comparative approach that helps answer questions about the causes and effects of populism.
Elections are the means by which democratic nations determine their leaders, and communication in the context of elections has the potential to shape people's beliefs, attitudes, and actions. Thus, electoral persuasion is one of the most important political processes in any nation that regularly holds elections. Moreover, electoral persuasion encompasses not only what happens in an election but also what happens before and after, involving candidates, parties, interest groups, the media, and the voters themselves. This volume surveys the vast political science literature on this subject, emphasizing contemporary research and topics and encouraging cross-fertilization among research strands. A global roster of authors provides a broad examination of electoral persuasion, with international perspectives complementing deep coverage of U.S. politics. Major areas of coverage include: general models of political persuasion; persuasion by parties, candidates, and outside groups; media influence; interpersonal influence; electoral persuasion across contexts; and empirical methodologies for understanding electoral persuasion.
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.