Présentation de l'éditeur

As the lobbying arm of the civil rights movement, the Leadership Conference on Civil Rights (LCCR)—which has operated since the early 1950s—was instrumental in the historic legislative breakthroughs of the Second Reconstruction. The Civil Rights Lobby skillfully recounts the LCCR’s professional and grassroots lobbying that contributed to these signature civil rights policy achievements in the 1950s and ’60s.

Shamira Gelbman explains how the diversity of this interest group coalition both hindered and enabled lobbyists to generate broad-based support for reforms that often seemed risky to legislators. They coordinated their efforts by identifying common ground among member organizations, developing coalitional positions on substantive and strategic questions, and exhorting organizations to mobilize professional and grassroots lobbying resources accordingly. The result was to “speak with one booming voice” to ultimately help secure the passage of the Civil Rights Act of 1964.

The Civil Rights Lobby concludes by reprising key lessons from the LCCR’s organizational development and participation in civil rights policymaking. Gelbman suggests new directions for research on interest group coalitions and explores how the Leadership Conference’s experience sheds light on the politics of the Second Reconstruction.

Shamira Gelbman is Daniel F. Evans Associate Professor in the Social Sciences at Wabash College.

Sommaire

Introduction
1. Trying to Mesh All of These Groups into Some Sort of a Force
2. Nothing like the Present Ferment Has Been Seen for Seventy-Five Years
3. We Have No Formal Structure
4. The Unity among These Groups Is Truly Tremendous
5. The Leadership Conference Plans to Continue
Conclusion: To Speak for Millions
Appendix: Methodological Note, Interviews, and Archival Collections

Présentation de l'éditeur

High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions.

High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today.

Contributors: Aylin Aydin-Cakir, Yeditepe University, Turkey * Tanya Bagashka, University of Houston * Clifford Carrubba, Emory University * Amanda Driscoll, Florida State University * Joshua Fischman, University of Virginia * Joshua Fjelstul, Washington University in St. Louis * Tom Ginsburg, University of Chicago * Melinda Gann Hall, Michigan State University * Chris Hanretty, University of London * Lori Hausegger, Boise State University * Diana Kapiszewski, Georgetown University * Lewis A. Kornhauser, New York University * Dominique H. Lewis, Texas A&M University * Chien-Chih Lin, Academia Sinica, Taiwan * Sunita Parikh, Washington University in St. Louis * Russell Smyth, Monash University, Australia * Christopher Zorn, Pennsylvania State University

Nuno Garoupa is Professor of Law and Associate Dean for Research and Faculty Development at George Mason University and coauthor of Judicial Reputation: A Comparative Theory.

Rebecca D. Gill is Associate Professor of Political Science at the University of Nevada, Las Vegas, and coauthor of Judicialization of Politics: The Interplay of Institutional Structure, Legal Doctrine, and Politics on the High Court of Australia.

Lydia B. Tiede is Associate Professor of Political Science at the University of Houston.

Présentation de l'éditeur

What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds?

Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas.

But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power?

With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes:

- The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law;

- The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice;

- Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order;

- Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.

Sommaire

1. Introduction
Giuliano Amato (Italian Constitutional Court)

PART I WHAT IS THE RULE OF LAW ABOUT?

2. Rule of Law Between XVIIth and XIXth Century
Paolo Alvazzi del Frate and Alberto Torini (Università di Roma Tre, Italy)

3. Rule of Law Metamorphoses in the Twentieth Century
Luigi Lacchè (University of Macerata, Italy)

4. Rule of Law and Democracy
Dieter Grimm (Wissenschaftskolleg zu Berlin, Germany)

5. EU Rule of Law: The State of Play Following the Debates Surrounding the 2019 Commission's Communication
Barbara Grabowska-Moroz and Dimitry Vladimirovich Kochenov (CEU Democracy Institute)

PART II THE PEOPLE

6. The People v. Democracy? The Populist Challenge to Judicial Review
Justin Collings (Brigham Young University, USA)

7. Proceduralising the People: Deliberative Democracy, Majority Rule, and the Rule of Law
Simone Chambers (University of California at Irvine, USA)

8. Élite vs People
Yves Mény (Scuola Superiore Sant'Anna, Italy)

9. The Double Fiction of the People
Cesare Pinelli (University of Rome Sapienza, Italy)

10. Stronger Together? Populist (or Non-Populist) Politics of Peoplehood
Jan-Werner Müller (Princeton University, USA)

11. Does Illiberal Democracy Exist?
Gabor Halmai (European University Institute, Italy)

12. Majority Rule, Democracy, and Populism: Theoretical Considerations
Wojciech Sadurski (University of Sydney, Australia)

13. New Technologies at the Service of Deliberative Democracy
José Luis Martì (Pompeu Fabra - Barcelona, Spain)

PART III DEMOCRACY AND ITS ENEMIES

14. Is Still Democracy the Worst Form of Government Except All Others?
Gianfranco Pasquino (Alma Mater Studiorum Bologna, Italy)

15. The Old-Fashioned (or Out of Fashion?) Prohibition on a Binding Mandate
Benedetta Barbisan (University of Macerata, Italy)

16. Party Fatigue in European Democracies
Piero Ignazi (Alma Mater Studiorum Bologna, Italy)

17. Market Power and Democracy
Antonio Cucinotta (University of Messina, Italy)

18. Economic Crisis and Liberal Democracies
Moreno Bertoldi and Michele Salvati (University of Milan, Italy)

19. Social Identities, Borders and Majorities
Gian Primo Cella (University of Milan, Italy)

PART IV ELECTED AND NON ELECTED

20. The Role of Judges in a Representative Democracy
Lord Mance (UK Supreme Court)

21. Closely Observed Judges, or the Great Comeback of Authoritarianism in Poland
Malgorzata Gersdorf (Supreme Court of Poland) and Mateusz Pilich (University of Warsaw, Poland)

Présentation de l'éditeur

The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. By Executive Order provides the first comprehensive look at how presidential directives are written—and by whom.

In this eye-opening book, Andrew Rudalevige examines more than five hundred executive orders from the 1930s to today—as well as more than two hundred others negotiated but never issued—shedding vital new light on the multilateral process of drafting supposedly unilateral directives. He draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. Rudalevige explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally.

Challenging popular conceptions about the scope of presidential power, By Executive Order reveals how the executive branch holds the power to both enact and constrain the president’s will.

Sommaire

1 “On My Own”? Executive Orders and the Executive Branch

2 Bargaining with the Bureaucracy: Presidential Management and Unilateral Policy Formulation

3 Executive Orders: Structure and Process

4 Executive Orders: Birds, Bees, and Data

5 Testing Presidential Management: The Conditions of Centralization

6 A Brief History of Time (to Issuance)

7 “Dear John”: The Orders That Never Were

8 Incorrigibly Plural: Concluding Thoughts and Next Step