Dissertations / Theses on the topic 'Court politics'

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1

Pogson, Fiona. "Wentworth and court politics, 1628-40." Thesis, University of Liverpool, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.339403.

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2

Haslem, Michelle. "Familial politics and the Stuart court masque." Thesis, University of Liverpool, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367810.

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This thesis contends that the monarch-centred view of the masque, which has prevailed since the publication in the 1960s and 1970s of Stephen Orgel's seminal works on the genre, needs to be challenged in the light of recent scholarship on the cultural agency of other members of the royal family. In my introduction I argue that while the New Historicism has been crucial in elucidating the theatricalization of power in the early Stuart court, its insistence on the inevitability of the collusion between art and sovereign power needs to be questioned. The masque has long been seen as a monolithic and univocal celebration of monarchical power, despite the fact that it was promoted at court not by King James but by other members of the royal family. Adopting a loosely chronological approach, this thesis retells the story of the 'Jacobean' court masque by recovering the role played in the commissioning and performance of masques by James's wife, his children, and his male favourites. The chapters set out to hear voices other than that of the King, and discover that, while panegyric was part of each masque, it was rarely as unequivocal as traditional criticism has suggested. On the contrary, the annual masques were frequently appropriated to express the oppositional agendas of factions at court, and above all, of members of James's own family. I argue that Queen Anne set a precedent for the disruptive use of the masque which she exploited to present herself as independent from the King, and to emphasise her importance as the mother of the royal children. Prince Henry, and later Prince Charles, both used the masque to contest the pacifist policies of the King, while Buckingham's success as a favourite was linked to his skilful exploitation of the masques as an integral part of his self-fashioning. Above all by shifting the focus away from King James to consider the more active participation in the masque of other members of the royal family, this thesis offers a possibility of moving beyond the current impasse of the subversion / containment debate to a more nuanced reading of the culture of the early Stuart court which recognises the delicate process of negotiation and accommodation in which the masquers and their audiences were engaged.
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3

Greig, Lorne Cameron George. "Court politics and government in England 1509-1515." Thesis, University of Glasgow, 1996. http://theses.gla.ac.uk/1733/.

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The aim of this thesis is to provide an overview of the period 1509-1515 in England, this being the first six years of the reign of Henry VIII. Within this timespan it is possible to witness the rise of Thomas Wolsey and also to examine the political situation before his ascendancy. Reaction to the new king will be examined on a number of fronts. His succession and the expectations placed on him will be looked at, expectations not only from his own people but also from those abroad. The highly visual natural of Henry VIII's court heightened this sense of expectancy and set the boundaries of the succeeding years. That group of men which attached itself to the king at work and play provides the starting point for this thesis. These were the middling courtiers, the men who sought favours and provided services. The desire for promotion at court provided a common bond for this diverse group. Young courtiers on the up, seasoned campaigners seeking rejuvenation and men of service, all sought promotion, through patronage, pedigree, personal ability or the grace of the king. Many men continued in positions of responsibility as held under Henry VII, creating a certain amount of continuity in administration. Edmund Dudley and Richard Empson felt the wrath of a monarch anxious to clear the air at the start of the reign and stamp his own brand of kingship on the court. Their associate Thomas Lovell continued and prospered under a king with no intention of embarking on a purge. William Compton rose from humble beginnings to become one of the king's closest confidants, recognised by many as the man to befriend. Opportunities were available for the ambitious courtier.
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4

Robinson, Jon. "Court politics and culture : their relationship to English and Scottish court literature, 1500-1540." Thesis, Northumbria University, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.422446.

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5

Clement, Anthony R. "Cobweb Court." Kent State University Honors College / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1620409744707432.

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6

Conant, Lisa J. "Contained justice : the politics behind Europe's rule of law /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/10764.

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7

Mills, Clare Margaret. "Sovereignty curtailed? : politics, philosophy and the International Criminal Court." Thesis, University of Newcastle Upon Tyne, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.445572.

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8

Guth, Jessica, and Sanna Elfving. "Court of Justice of the EU and Judicial Politics." Routledge, 2020. http://hdl.handle.net/10454/17687.

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9

Webster, Jeremy W. "Performing libertinism in Charles II's court : politics, drama, sexuality /." New York : Palgrave Macmillan, 2005. http://catalogue.bnf.fr/ark:/12148/cb399534826.

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10

Hutfilz, William George. "Pastoral politics : German pastoral literature and court culture, 1200-1800 /." Thesis, Connect to this title online; UW restricted, 1997. http://hdl.handle.net/1773/9950.

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11

Hitt, Matthew P. "Judgment-Rationale Inconsistency In The U.S. Supreme Court." The Ohio State University, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=osu1406124744.

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12

Wynne, Sonya M. "The mistresses of Charles II and Restoration court politics, 1660-1685." Online version, 1997. http://bibpurl.oclc.org/web/23533.

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13

Wynne, Sonya Marie. "The mistresses of Charles II and Restoration court politics, 1660-1685." Thesis, University of Cambridge, 1997. https://www.repository.cam.ac.uk/handle/1810/251623.

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14

Olsen, Thomas George. "Circe's court : Italy and cultural politics in english writing, 1530-1685 /." The Ohio State University, 1997. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487946776023502.

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15

Stewart, Hailey A. "The Power of Perception: Women and Politics at the Early Georgian Court." Thesis, University of North Texas, 2014. https://digital.library.unt.edu/ark:/67531/metadc699945/.

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The early Georgian period illustrates how the familial dynamic at court affected women’s opportunity to exert political influence. The court represented an important venue that allowed women to declare a political affiliation and to participate in political issues that suited their interests. Appearances often at variance with reality allowed women to manipulate and test their political abilities in order to have the capability to exercise any possible power. Moreover, some women developed political alliances and relationships that supported their own interests. The family structure of the royal household affected how much influence women had. The perception of holding power permitted certain women to behave politically. This thesis will demonstrate that the distinction between appearances and reality becomes vital in assessing women at the early Georgian court by examining some women’s experiences at court during the reigns of the first two Georges. In some cases, the perceived power of a courtier had a real basis, and in other instances, it gave them an opportunity to assess the extent of their political power. Women’s political participation has been underestimated during the early Georgian period, while well-documented post-1760.
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16

Glennon, Colin. "The Worst Supreme Court Decisions Ever! An Experimental Investigation of Agreement When the Supreme Court has Erred." Digital Commons @ East Tennessee State University, 2014. https://dc.etsu.edu/etsu-works/530.

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Hyperbole is the common response in the wake of any Supreme Court decision, but which cases have a lasting negative impression and why? This work seeks to clarify which rulings of the Court cause consternation among several different audiences. Through an experimental framework I conduct an examination of reactions to rulings in controversial cases among political scientists, legal scholars, and the public. I discover that there are some commonalities among the respondents, but also significant disagreement along issue areas, particularly cases decided based on economic property rights. Additionally I observe that partisan ideology has little impact on the perception of historic decisions, but in contemporary rulings the opposite is discovered. This finding suggests that time serves to mitigate partisan bias in evaluating the Supreme Court. Ultimately this work details information concerned with responses to previous Court decisions, but also provides context clues for predicting various reactions to future controversial rulings.
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17

Courser, Matthew William. "Elite messages and public opinion the case of the Ohio Supreme Court /." Columbus, Ohio : Ohio State University, 2003. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1060118142.

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Thesis (Ph. D.)--Ohio State University, 2003.
Title from first page of PDF file. Document formatted into pages; contains xiv, 260p.; also includes graphics. Includes abstract and vita. Advisor: Lawrence Baum, Dept. of Political Science. Includes bibliographical references (p. 257-260).
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18

Dumitrescu, Theodor. "The early Tudor court and international musical relations /." Aldershot [u.a.] : Ashgate, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016142806&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA.

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Revised Thesis (doctoral)--University of Oxford, 2004.
Foreign cultural models at the English royal court -- International events and musical exchanges -- Building a foreign musical establishment at the early Tudor court -- Anglo-continental relations in music manuscripts -- English music theory and the international traditions. Includes bibliographical references (p. [297]-315) and index.
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19

Judson, Lauren Joyce. "A Compliant Court: The Political Effects of the Addition of Judgeships to the United States Supreme Court Following Electoral Realignments." Thesis, Virginia Tech, 2014. http://hdl.handle.net/10919/50530.

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During periods of turmoil when ideological preferences between the federal branches of government fail to align, the relationship between the three quickly turns tumultuous. Electoral realignments especially have the potential to increase tension between the branches. When a new party replaces the 'old order' in both the legislature and the executive branches, the possibility for conflict emerges with the Court. Justices who make decisions based on old regime preferences of the party that had appointed them to the bench will likely clash with the new ideological preferences of the incoming party. In these circumstances, the president or Congress may seek to weaken the influence of the Court through court-curbing methods. One example Congress may utilize is changing the actual size of the Supreme The size of the Supreme Court has increased four times in United States history, and three out of the four alterations happened after an electoral realignment. Through analysis of Supreme Court cases, this thesis seeks to determine if, after an electoral realignment, holdings of the Court on issues of policy were more congruent with the new party in power after the change in composition as well to examine any change in individual vote tallies of the justices driven by the voting behavior of the newly appointed justice(s).
Master of Arts
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20

Guichard, Justine. "The Judicial Politics of Enmity: A Case Study of the Constitutional Court of Korea's Jurisprudence Since 1988." Thesis, Paris, Institut d'études politiques, 2014. https://doi.org/10.7916/D8R78CBB.

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Among the countries which have experienced a political transition away from authoritarianism in the 1980s, South Korea is usually considered as a model of both democracy and judicial review. Relying on an interpretive reading of jurisprudence, the present research however uncovers the double-edged way in which the Constitutional Court of Korea has discharged its role as guardian of the constitution. A critical analysis of constitutional jurisprudence indeed reveals how the court's commitment to define and defend the post-transition constitutional order has translated into both liberal and illiberal outcomes. This ambivalent dimension of the court's role has unfolded as the institution came to intervene in the major dispute opposing the state and parts of civil society after the 1987 change of regime: reshaping the contours of enmity in the post-transitional period. Through the contentious issue of enmity, what has been put at stake in the constitutional arena is the very challenge of delineating the boundaries of inclusion and exclusion in South Korean democracy. In light of this task, constitutional justice has imposed itself as a paradoxical site, where the post-transitional disagreement about what counts as ``national'' and ``anti-national'' has been both staged and interrupted. Parmi les sociétés ayant fait l'expérience d'une transition politique au cours des années 1980, la Corée du Sud est d'ordinaire tenue pour un modèle de ``réussite'' démocratique et constitutionnelle. L'analyse interprétative du corpus jurisprudentiel sur laquelle le présent travail de recherche repose révèle cependant l'ambivalence qui a caractérisé la manière dont la cour a endossé son rôle de défenseur de l'ordre constitutionnel dans la période post-transitionnelle. Cette ambivalence se traduit par la dualité d'effets, libéraux et illibéraux, produits par les décisions de la cour à mesure qu'elle est intervenue dans le conflit majeur ayant opposé l'Etat sud-coréen et une partie de la société civile depuis le changement de régime : redéfinir les contours de qui, et ce qui, constitue l'ennemi après la transition. A travers la question polémique de l'ennemi, ce sont les dynamiques d'inclusion et d'exclusion au sein de la démocratie sud-coréenne qui ont été mises en jeu sur la scène constitutionnelle. La Cour constitutionnelle de Corée a joué un rôle paradoxal au regard de cette dispute, ou ``mésentente'', que son intervention a contribué à mettre à la fois en scène et en sommeil.
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21

Jenkinson, Matthew. "The Politics of Court Culture in the Reign of Charles II, 1660-1685." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.487058.

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This thesis is concerned with the manifold ways the cultural life of the royal court responded and contributed to political developments during the reign of . Charles II. It looks in particular at court sermons, odes, satires, histories, and prose polemics. It plots a complex and heterogeneous court culture that interrogated Charles's kingship - quite often in his presence - which provoked and responded to questions that were appropriate for a reign between the constitutional crises ofregicide and Glorious Revolution. Chapter one introduces the broad context of court historiography, establishing the study's critical framework. Chapter two introduces the dramatis personae ofthe thesis: principally court preachers, the aristocratic court wits long indulged by their king, and the professional poets employed at court. It illustrates how their politically pertinent discourse was transmitted scribally, orally, and in print. It looks especially at court sermons printed by royal command. Chapters three and four are concerned with the performative aspects of the early years of the Restoration, looking in particular at the trials and executions of the regicides, and the restored king's coronation celebrations. Chapters five and six investigate the politics of court culture during the remainder of Charles's reign, looking in particular at the proceedings of the chapel royal and the behaviour and politics of the court wits. It looks at reactions to such behaviour and politics by commentators in and around the court in the context of 1670s court faction, the Popish Plot, the Exclusion Crisis, and the emergence ofWhig and Tory parties. It concludes with a consideration of the implications of the issues raised by the thesis for the health of Charles's body politic, and traces the dangers posed to it in the eyes of many observers both inside and outside the disordered Restoration court.
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22

Tenove, Christopher John. "Justice and inclusion in global politics : victim representation and the International Criminal Court." Thesis, University of British Columbia, 2015. http://hdl.handle.net/2429/51982.

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There are widespread concerns that those people who ought to benefit from global governance are instead ignored, disempowered or harmed by it. Central to these concerns, this dissertation argues, is the principle of inclusion. Bringing together normative and empirical inquiry, this dissertation explains why inclusion matters and how it might be achieved in global governance, and uses this approach to assess the oft-criticized relationship between the International Criminal Court (ICC) and victims of international crimes. Inclusion is crucial for both justice and democratic legitimacy. Inclusion can empower constituencies to address injustices they face and negotiate what justice should entail. Inclusion is also necessary to address democratic deficits in global governance, when constituencies are excluded from decision-making processes that significantly affect them. The complexity and large scale of global governance make inclusion difficult to conceptualize and promote. Building on democratic theory, this dissertation proposes the framework of mediated inclusion, which identifies the key activities of representation and communication needed for constituencies to understand and influence decision-making. It then engages with International Relations scholarship to identify actors, institutional design features and contexts that can promote or frustrate the inclusion of the intended beneficiaries of global governance. This analysis reveals both persistent challenges and positive trends in opportunities for inclusion at international organizations. These insights are used to assess the inclusion of victims in the creation and operations of the ICC. This analysis draws on over 100 interviews with ICC staff, state officials and civil society members, as well as focus groups with survivors of violence in Uganda and Kenya. Close examination of negotiations to create the ICC reveals how advocates for victims’ rights achieved a strong legal framework for victim inclusion. Case studies of the ICC’s interventions in Uganda and Kenya evaluate diverse advocates for victims, and identify opportunities and limitations for victim inclusion in judicial, bureaucratic and diplomatic decision-making sites. Contributing to debates on global democracy, transnational advocacy, international organization design and international criminal justice, this dissertation shows how the principle of inclusion can be used to critically assess global governance and to create institutions that are more legitimate and just.
Arts, Faculty of
Political Science, Department of
Graduate
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23

Payne, Helen M. "Aristocratic women and the politics of marriage at the Jacobean court, 1603-1625 /." Title page, contents and preface only, 1994. http://web4.library.adelaide.edu.au/theses/09AR/09arp3462.pdf.

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24

Johnson, Vanessa Gail. "Factional politics at the Court of Philip IV after the fall of Olivares." Thesis, University of Leeds, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.269805.

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25

Britland, Karen Ruth. "Neoplatonic identities : literary representation and the politics of Queen Henrietta Maria's court circle." Thesis, University of Leeds, 2000. http://etheses.whiterose.ac.uk/203/.

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My thesis investigates Queen Henrietta Maria's cultural activities at the Caroline court, paying particular attention to her connections with France and with French politics. In contrast to previous studies of her life, I am concerned not only with her position as a Catholic in a Protestant country, but with her status as a culturally and politically active woman. I discuss the significance of her importation of French cultural fashions on to the English stage (most notably the innovation of the female actor), and investigate notions of female identity put forward in her masques and pastoral plays. By tracing the influences of both neoplatonism and reformed Catholic theology in the Queen's theatrical productions, I. demonstrate how courtly women came to be privileged as the arbiters of taste and judgement, and show how this led to a perception of them as properly political agents. I also demonstrate that the Queen's court masques promoted a 'counterpublic' space inside the court from which ideas independent of King Charles's own policies could be expressed. I investigate Henrietta Maria's involvement in international current affairs, illustrating how her political alignments could be manifested in her court productions. Finally, I discuss her position as an exile at the French court during the English civil war, showing how, despite her lack of funds, she managed to maintain a political, religious, and social presence in France.
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Givens, John Wagner. "Suing dragons? : taking the Chinese state to court." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a016f84a-3df8-4df7-88bb-4475372022f0.

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This dissertation analyses the ability of Chinese lawyers to use administrative litigation to protect individuals and groups from an authoritarian state that frequently infringes on their rights. These plaintiffs fill administrative courts in China, opposing the overzealous tactics of police, challenging the expropriation of their land, and disputing the seizure and demolition of their homes. Empirically, it relies on several unique data sources in a mixed-methodological approach. Qualitative and small-n quantitative data from 126 interviews with a random sample of Chinese lawyers and 52 additional interviews are supplemented by documentary sources. These findings are then tested against official data and a large survey of Chinese lawyers. This research demonstrates that administrative litigation is part of a polycentric authoritarian system that helps the Chinese state to monitor its agents, allows limited political participation, and facilitates economic development (Chapter One). By giving ordinary Chinese a chance to hold their local governments accountable in court, administrative litigation represents a significant step towards rule of law, but its limited scope means that it has not been accompanied by dramatic liberalisation (Chapter Three). In part, this is because the most prolific and successful administrative litigators are politically embedded lawyers, insiders who challenge the state in court but eschew the most radical cases and tactics (Chapter Four). The tactics that allow politically embedded lawyers to successfully litigate administrative cases rely on and contribute to China’s polycentric authoritarianism by drawing in other state, quasi-state, and non-state actors (Chapter Five). Multinationals in China are largely failing to contribute to the development of China’s legal system because they readily accept preferential treatment from the Chinese state as an alternative to litigation (Chapter Six). While administrative litigation bolsters China’s polycentric authoritarianism in the short term, it offers tremendous potential for rationalisation, liberalisation, and even democratisation in the long term.
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Androkovich-Farries, Bonnie, and University of Lethbridge Faculty of Arts and Science. "Judicial disagreement on the Supreme Court of Canada." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 2004, 2004. http://hdl.handle.net/10133/211.

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This paper will attempt to explore the history and function of judical disagreement behaviour using information from both the Canadian Supreme Court and the US Supreme Court. The evolution of national high court decision making, highlights the changing role of courts within the political and public spheres, as well as the increasing authority courts have over policy. This changing role reinforces the need to study the role of courts on law. I will use minority opinions from the Laskin and Dickson courts to study what disagreement reveals about the decision making process. Judicial disagreement has largely been summed up into two deficient stereotypes: the dissent as "serious" disagreement and the separate concurrence as inferior disagreement to the dissent. I will dispel this fallacy by introducing the five categories created to describe a new way of thinking about judicial disagreement and to shatter the old stereotypes.
vii, 149 leaves ; 29 cm.
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Norris, Mikel, and Colin Ross Glennon. "Gendered Vulnerability and State Supreme Court Elections." Digital Commons @ East Tennessee State University, 2017. https://dc.etsu.edu/etsu-works/528.

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29

Szablewska, Natalia M. "The politics of international law : implications for the Chechen conflict." Thesis, Aberystwyth University, 2010. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.537480.

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This thesis is a socio-legal study of the politics of international law (i.e. the relationship between international law and international politics). There is not necessarily an accepted scope, or even direction, of this relationship but it is widely perceived to be important in international, as well as national, affairs. Still, this relationship needs to be better understood and articulated. This thesis offers a theoretical and empirical account of the phenomenon of the politics of international law, and its implications for the Chechen conflict by exploring how and to what extent one's understanding of the phenomenon is determined by culture, history, political and social context. Part One is an overview of the literature and theoretical approaches to studying the relationship between (international) law and (international) politics, as well as an analysis of sixteen face-to-face semi-structured interviews with practitioners of international law and international politics from different backgrounds and cultures. That leads to a theoretical model which is applied and verified in Part Two, a case study of the Chechen conflict. This focuses specifically on a socio-historical understanding of international law, the humanitarian and human rights movement in Russia, and the relationship between human rights law and international humanitarian law in the judgements of the European Court of Human Rights in the so-called Chechen cases. The findings of this study indicate that international politics is highly influenced by international law just as international law is affected by international politics. They both are integral parts of the international system, nevertheless, remain distinct from each other. It is therefore the politics of international law that allows international relations to take place, where politics provides the means by which the negotiations can take place and law creates specific language and provides a framework within which the debates can take place. It demonstrates that the challenges of modern times make that the two become increasingly influential on one another.
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Tarhan, Celebi Gulce. "The Constitutional Court of Turkey from State-in-Society Perspective." Thesis, University of Oregon, 2018. http://hdl.handle.net/1794/23159.

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This dissertation examines the role of the social struggles and alliances in shaping the Constitutional Court rulings that structure core political controversies in Turkey. By adopting Joel Migdal’s State-in-Society approach, the Court is conceived as an organization that exists in an environment of conflict. By following a process oriented approach, this study analyzes the ways in which the relation between the Court and other actors influence the Constitutional Court of Turkey’s motives, capacity and manner of activism mainly during the period under the 1961 Constitution. This study argues that the limits of the Court’s power and its role in structuring the core political controversies that define and divide society can be explained by looking at the alliances formed between the Court and other actors. Alliances extend the jurisdiction of the Court by opening new avenues for political intervention and creating a support network for the reasoning and the justification of its rulings. By comparing the Court’s activism under the 1961 Constitution and under the 1982 Constitution, it is demonstrated that neither the nature nor the influence of these alliances remains static. In fact, this dissertation points out that we need to make a conceptual differentiation between two forms of alliances; strategic alliances and judicial coalitions. Strategic alliances refer to implicit alliances between the Court and other actors formed around an issue, whereas judicial coalitions refer to alliances based on a common normative framework and a shared identity. Whereas the Court’s activism in the first period is best described in terms of a strategic alliance, its activism in the 1990’s and 2000’s is best described with the term judicial coalition.
10000-01-01
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31

Courtney, Alexander. "Court politics and the kingship of James VI & I, c. 1615-c. 1622." Thesis, University of Cambridge, 2008. https://www.repository.cam.ac.uk/handle/1810/252075.

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32

Tiede, Lydia Brashear. "The politics of criminal law reform a comparative analysis of lower court decision-making /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2008. http://wwwlib.umi.com/cr/ucsd/fullcit?p3307373.

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Thesis (Ph. D.)--University of California, San Diego, 2008.
Title from first page of PDF file (viewed August 13, 2008). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references.
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McGuire, Kevin Todd. "At the bar of the Supreme Court : lawyers and the politics of legal representation /." The Ohio State University, 1991. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487688973683074.

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34

Maksymiuk, Stephan Karl Alexander. "Knowledge, politics and magic : the figure of the court magician in medieval German literature /." Thesis, Connect to this title online; UW restricted, 1992. http://hdl.handle.net/1773/9944.

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Glennon, Colin. "An Experimental Invetigation of Opposition to Landmark Supreme Court Decisions." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/etsu-works/532.

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36

Akman, Keder. "Challenges for the International Criminal Court and the crime of aggression : jurisdiction, immunity and politics." Thesis, Stockholms universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-101537.

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37

Povtak, Andrew A. "Deciding to Not Decide: A Longitudinal Analysis of the Politics of Secondary Access on the U.S. Supreme Court." Kent State University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=kent1302048596.

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38

Jeffers, Leah Rachel. "Fashion and Court-Building in the Sixteenth-Century Florentine Ducal Court: Politics, Agency, and Paleopathology in the Wardrobes of Eleonora di Toledo and Giovanna d'Austria." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/scripps_theses/1024.

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Fashion in the Renaissance became intensely political, highly gendered, and anatomized (i.e. emphasizing human anatomy rather than masking it). Court culture placed a particular emphasis on the body of the courtier, as skills such as dancing and dressing fashionably became crucial to political success in states throughout Europe. In sixteenth-century Florence, the Medici attempted to install a duchy in what was at the time a republican city (with strong republican heritage). Florentine fears of foreign domination and resentment towards non-republican forms of government made the Medici’s task nearly impossible. Fashion became a primary pillar of the Medicean political agenda, as the first members of the Medici family to hold official power in the Florentine Grand Duchy (and their wives) dressed quite modestly in comparison to other sixteenth-century heads of state, so as not to appear to have imperial or monarchical pretensions and thus arouse dangerous levels of antipathy from their Florentine subjects. The first Grand Duchess, Eleonora di Toledo, and the second, Giovanna d’Austria, faced an additional challenge as foreign brides marrying into the Medici duchy, as they were themselves representatives of the influence of imperial power in Florentine politics. They both were faced with countless factors to consider as they made choices about how to dress, and each choice had political, social, and economic implications and consequences.
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39

Searls, Courtney K. "The Lasting Impression of a President on the Supreme Court: FDR’s Judicial Legacy." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/558.

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After a full first term without any Supreme Court nominations, and almost no cooperation from the Court in regards to the New Deal, President Franklin D. Roosevelt decided to introduce a Court-packing plan into the Legislature that would allow him to add six new justices to the Court if necessary. The Bill failed in both the House and Senate but time allowed Roosevelt to have his chance to “pack” the court. Roosevelt nominated some of the best justices the Court has seen, and with their service the Supreme Court was forever changed.
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40

Lee, Hui-shu. "The domain of Empress Yang (1162-1233) art, gender and politics at the Southern Song court /." New Haven, Conn. : Yale University, 1994. http://catalog.hathitrust.org/api/volumes/oclc/37238041.html.

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41

Becker, Kane Jenna. "Lobbying Justice: Exploring the Influence of Interest Groups in State High Courts." Diss., Temple University Libraries, 2015. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/310221.

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Political Science
Ph.D.
Despite well documented evidence that both the level and diversity of amicus participation in state high courts have been growing, we know little about whether or under what conditions amicus briefs have an impact on court outcomes. This dissertation investigates how interest groups attempt to influence state supreme courts through their participation as amicus curiae. Using an original dataset assembled from content analysis of more than 2300 state supreme court decisions handed down between 1995 and 2010 and spanning three distinct areas of law - products liability, environmental law, and free speech/expression - I find that amicus briefs submitted by interest groups have the most influence over judicial outcomes in areas of law where interest groups routinely make large-scale donations to judicial campaigns. These results raise serious concerns about the influence of big money in judicial elections. The second part of this dissertation tests two competing theories of amicus influence to determine how state high court judges utilize amicus brief information in judicial decision making. The informational theory assumes the influence of amicus brief information to be evenly distributed across judges. However, theories of confirmation bias and motivated reasoning suggest that the information in amicus briefs may be received and evaluated differently depending upon the ideological predispositions of individual judges. Using multi-level modeling, I analyze the votes of more than 12,000 individual state high court judges to determine whether judge ideology conditions the influence of amicus briefs such that judges are more receptive to pro-attitudinal information contained in briefs from interest groups that share their predispositions. Results suggest that method of judicial retention and area of case law structures the mechanism of amicus brief influence. Amicus briefs appear to play an informational role in complex areas of case law but the presence of competitive judicial elections appear to alter the mechanism of amicus brief influence such that judicial responsiveness to amicus briefs is more closely tied to the reelection and campaign fundraising considerations of individual judges. The final portion of this dissertation investigates the case-level and court-level factors that attract interest group participation as amicus curiae in state high courts in order to better our understanding of interest group strategies when engaging state judiciaries. This paper tests the hypothesis that groups strategically target cases that will best serve the policy and institutional interests of the group, while focusing group resources on cases and courts where they are most likely to be successful. Results indicate that both liberal and conservative groups target state high courts that are elected through competitive and retention election processes rather than those that are appointed, suggesting that interest groups believe their influence will be greater with judges who are accountable to the public. Results also show that both liberal and conservative groups target courts from states that are ideologically sympathetic, but not necessarily from courts that are ideologically similar.
Temple University--Theses
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42

Martén, Linna. "Essays on Politics, Law, and Economics." Doctoral thesis, Uppsala universitet, Nationalekonomiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-282782.

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Essay 1: Several countries practice a system where laymen, who lack legal education, participate in the judicial decision making. Yet, little is known about their potential influence on the court rulings. In Sweden lay judges (nämndemän) are affiliated with the political parties and appointed in proportion to political party representation in the last local elections. This paper investigates the influence of their partisan belonging when ruling in asylum appeals in the Migration Courts, where laymen are effectively randomly assigned to cases. The results show that the approval rate is affected by the policy position of the laymen's political parties. In particular, asylum appeals are more likely to be rejected when laymen from the anti-immigrant party the Swedish Democrats participate, and less likely to be rejected when laymen from the Left Party, the Christian Democrats or the Green Party participate. This indicates that asylum seekers do not receive an impartial trial, and raises concerns that laymen in the courts can compromise the legal security in general.
Essay 2: Although economic circumstances have been argued to be a major determining factor of attitudes to redistribution, there is little well identified evidence at the individual level. Utilizing a unique dataset, with detailed individual information, provides new and convincing evidence on the link between economic circumstances and demand for redistribution (in the form of social benefits). The Swedish National Election Studies are constructed as a rotating survey panel, which makes it possible to estimate the causal effect of economic changes. The empirical analysis shows that individuals who experience a job loss become considerably more supportive of redistribution. Yet, attitudes to redistribution return to their initial level as economic prospects improve, suggesting that the effect is only temporary. Although a job loss also changes attitudes to the political parties, the probability to vote for the left-wing is not affected.
Essay 3: A well-functioning labor market is characterized by job reallocations, but the individual costs can be vast. We examine if individual's ability to cope with such adjustments depends on their cognitive and non-cognitive skills (measured by the enlistment tests). Since selection into unemployment is a function of skills, we solve the endogeneity of a job loss by using the exogenous labor market shock provided by the military base closures in Sweden following the end of the Cold War. We find, first, that, on average, labor earnings decrease and unemployment and labor-related benefits increase for those affected. Second, there are heterogeneous treatment effects in terms of unemployment; the treated individuals with high non-cognitive and cognitive skills face lower unemployment effects than the treated individuals with low non-cognitive and cognitive skills.
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43

Rashid, Farid Mohammed. "The role of the prosecutor in the International Criminal Court : discretion, legitimacy, and the politics of justice." Thesis, University of East London, 2016. http://roar.uel.ac.uk/5860/.

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Under the complex circumstances and the limited capacity in which the International Criminal Court (ICC) operates, the role of its prosecutor has been challenging. The ICC prosecutor cannot pursue all situations for investigation, and cases for prosecution. She has to be selective. Moreover, the individuals and the crimes over which the Court exercises its jurisdiction, and the present circumstances in which it operates raise political sensitivities that might undermine the ability of the Court to deliver its justice effectively. The ICC prosecutor faces a complex dilemma in negotiating a relationship between fealty to the law and the impact and possible benefits of political exigencies in delivering justice. It also raises the problem of the role of political considerations within the decision-making process. The exercise of discretion lies at the heart of these challenges, as the ICC’s Statute allows the prosecutor to exercise significant discretion. This thesis will explore and analyse the discretionary power of the ICC prosecutor. It situates the development of the office historically by referring to the experiences of the War Crimes Tribunals after World War II and the two United Nations Tribunals of the 1990’s. Against this background, it examines the scope of discretion and the way the Prosecutor has exercised it. This thesis will suggest that there has been a tendency to overlook the necessity of distinguishing between various senses of discretion open to the prosecutor to exercise. In exploring the scope of discretion, the thesis will argue that there is wider range of discretion with different senses, available to the Prosecutor and that has been exercised by her, when applying legal thresholds. In assessing these legal thresholds, the focus will be on ‘sufficient gravity’ and ‘the interests of justice’. The thesis will suggest that the indeterminacy of the legal thresholds, such as ‘sufficient gravity’ is the space, which, in effect, allows decision-makers to exercise a wide range of discretion. The thesis refers to this discourse as legal interpretative discretion. This is to be distinguished from prosecutorial discretion, which is a different concept and allows decision-makers to consider extra-legal considerations, as the case with the term ‘interests of justice ’. An implication of the interpretation of the terms like ‘sufficient gravity’, is that the prosecutor can appear to possess almost unlimited power. In exploring the relationship between the two types of discretion the thesis will root the analysis within a close reading of examples of the investigations and prosecutions, and the scholarly literature. The thesis also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. The thesis engages with the repeated statements by prosecutors, which have denied the use of discretion and asserted a fealty to strict legalism. It suggests that beneath these statements lie a resource, discretion, which helps not hinders international criminal justice.
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44

Chong, Rebecca. "The Politics of the Little Sisters of the Poor v. Burwell: Analyzing the Impact of the Little Sisters on the 2016 Presidential Election." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1809.

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The Little Sisters of the Poor v. Burwell, a 2016 landmark religious liberty case, illustrates the ongoing debate between religious non-profit organizations and the government regarding the contraception mandate of the Affordable Care Act. Although the Little Sisters, in part because of their public relations and political advantages, received a relatively favorable outcome at the Supreme Court, their true successes lie on their impact on conservative politics and on the 2016 election. The Little Sisters became a significant component of political and religious leaders’ strategy to reframe the issue.
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45

Mukwana, Michael Ddeme. "Self-referrals to the international criminal court: legal analysis, case studies and critical evaluation." University of the Western Cape, 2017. http://hdl.handle.net/11394/5639.

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Doctor Legum - LLD
The main contributor of situations before the International Criminal Court (hereinafter ICC) has been state parties that have referred situations on their own territory to the ICC through “self-referral”. This study examines the concept of self-referral tracing the history of voluntary deferral by states of their jurisdiction over international crimes up to the enactment of the Rome Statute. The study finds that states were historically reluctant to have international crimes committed on their territory handled by other bodies or states. The self-referrals under the ICC regime are therefore a novelty in international criminal law. The legality of the act of self-referral under the Rome Statute is also examined and it is concluded that self-referrals are provided for within the Statute, although their legality has been questioned. The study establishes that self-referrals have seen unprecedented cooperation by territorial states but have also been selective in nature, targeting only non-state actors (rebel groups) .The study further compares the ICC’s handling of two other situations (Kenya and Darfur) which were triggered by antagonistic proprio motu and UN Security Council referrals respectively. The ultimate collapse of cases arising out of the Kenyan situation plus the suspension of investigations in Darfur due to non-cooperation is significant when compared with the relative successes registered with self-referred situations. The study concludes that whereas self-referrals may involve concessions to the territorial state like non-prosecution of state actors, this is a necessary evil to ensure successful investigations and prosecutions of international crimes. I recommend at the end of the study that in order to shield the office of the ICC Prosecutor from the diplomacy, dirty international politics and compromises at play in securing referrals as well as cooperation during the entire prosecution process, there should be a separate organ of the ICC handling investigations and interactions with states.
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46

Heyer, Klaus. "The Food Court in the Magic Kingdom: Globalization, Cuisine and Attitudes in Saudi Arabia." ScholarWorks@UNO, 2012. http://scholarworks.uno.edu/td/1442.

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In the last twenty years, Saudi Arabia has been modernizing much faster and in a shorter period than in the majority of the world’s countries. This study seeks to examine factors that influence the diet of Saudi Arabians. Aside from language, one of the principal manifestations of culture is a country’s cuisine. I sought to determine whether factors, such as exposure to other countries, an income increase, or simply the desire to diversify the palette have led to a change in diet. This mixed-methods study employed 148 surveys looking at attitudes towards the United States and other countries, travel abroad, age, religiousness, and the influence of television and the Internet. These variables were correlated against where food is bought and dining preference. Fifteen in-depth interviews looked at longitudinal changes in traditional vegetable and meat markets since the arrival of the hypermarket. Findings indicated that the recent introduction of a multitude of foreign restaurants and foods into Saudi Arabia is not a new story, but only a new chapter in a book written by Saudi merchants. The Gulf Arabs are known, and have been known for millennia, as traders. I put forward that Saudi businessmen are the agents of change not multinational corporations. The presence of these restaurants and hypermarkets is due largely to pull, not push factors. If their culture is dramatically changing, then it is at the behest of Saudi Arabians themselves.
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47

Curry, Brett W. "The courts, congress, and the politics of federal jurisdiction." Connect to resource, 2005. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1124055554.

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Thesis (Ph. D.)--Ohio State University, 2005.
Title from first page of PDF file. Document formatted into pages; contains xiv, 421 p.; also includes graphics. Includes bibliographical references (p. 390-412). Available online via OhioLINK's ETD Center
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48

Stappert, Nora. "International courts and legal innovation : the politics and practices of interpretation in international criminal law." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:fc01d1e2-806d-48b3-88fe-88fd710426e1.

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In international criminal law (ICL), legal meaning has been developed substantially through the judgments of international courts. Compared to some of their prosecutorial decisions, however, the way in which international judges have interpreted legal provisions has remained relatively uncontested. This study uses practice theory as a particularly fruitful lens through which to study the politics of legal interpretation. It analyses the conditions under which the creation of a comparatively uncontested judicial space became possible as an interplay between political commitments and the professional assumptions of ICL experts. The study argues that international criminal courts - unlike hybrid courts - have been accorded a particularly high degree of interpretive authority through what will be called the 'practice of privileged precedent'. It traces how this interpretive practice has been shared across institutional settings within a broader interpretive community, including by government officials and civil society representatives. Through this research, this thesis emphasises the relevance of legal interpretation for IR's understanding of international law and international courts. Drawing on legal theory, it also addresses one of the key challenges of IR's practice turn: its capacity to account for the creative potential of international practices. Methodologically, the thesis combines qualitative and quantitative forms of content analysis, elite interviews, and legal interpretive methods. It is based on an examination of over 100 judgments of international and hybrid criminal courts interpreting the crime of genocide and the law of war crimes, including judicial decisions delivered by the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the Special Court for Sierra Leone (SCSL). This analysis is supplemented by 28 elite interviews with judges and legal experts at international criminal courts, staff at civil society organisations, and government officials working for the British and German foreign offices.
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49

CARNIELE, EDUARDO VIEIRA. "JUDICIALIZATION OF POLITICS: AN ANLYSE OF BRAZILIAN SUPREME COURT DECISIONS ABOUT INTERPRETERS COMMUNITY OF CONSTITUTION IN JUDICIAL REVIEW." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2006. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=8535@1.

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CONSELHO NACIONAL DE DESENVOLVIMENTO CIENTÍFICO E TECNOLÓGICO
Nas democracias contemporâneas, é notável a presença do Poder Judiciário e dos Tribunais Constitucionais na tomada de decisões que potencialmente dizem respeito a todos os integrantes de uma comunidade política. No Brasil, este fenômeno, designado por judicialização da política, fortaleceu-se com a promulgação da atual Constituição, que, além de ampliar as possibilidades interpretativas, aumentou sobremaneira a importância do Supremo Tribunal Federal nos processos de fiscalização abstrata de normas. Para analisá-lo, que põe em tensão Estado de Direito e Democracia, utiliza-se do debate teórico entre a perspectiva substancialista de Dworkin, acerca da democracia e do Judicial Review, e do procedimentalismo de Habermas, cuja ênfase no processo democrático resulta na defesa do Judiciário como protetor das condições necessárias à manutenção da democracia. Habermas supõe o potencial racionalizador do diálogo com uma ampla comunidade de intérpretes da Constituição para se produzir decisões corretas. Assim, dada a premissa - expansão judicial no Brasil -, e a opção teórica que aposta no diálogo oriundo da esfera pública no processo de concretização dos dispositivos constitucionais, esta dissertação analisa como o constituinte brasileiro concebeu o STF e a forma de seu acesso, para depois verificar, por meio das respectivas decisões, se o STF adota uma orientação que privilegia ou não o diálogo emergente da esfera pública, notadamente através do reconhecimento da comunidade de intérpretes, para legitimar suas decisões.
In contemporary democracies, it´s notable the presence of Judicial Branch and Constitutional Courts taking decisions that potentially refers all whole members of a politic community. In Brazil, this phenomenon, called by Judicialization of Politics, braced with the promulgation of the current Constitution. This Constitution, besides to amplify interpretative possibilities, increased the authority of Brazilian Supreme Court in judicial review. To analyse this phenomenon, that causes a shock between Law State and Democracy, it takes theoric debate among the substantialist perspective of Dworkin about democracy and Judicial Review and the procedimentalism of Habermas, whose emphasis in democratic process results in defense of Judicial Branch as guardian of necessary conditions for democracy maintenance. Habermas supposes rationalized potential of dialogue with a wide Constitution interpreters community to produce correct decisions. So, this premise - judicial expansion in Brazil - and this theoric option that bets in dialogue derived from public sphere in the materialization process of constitutional dispositives, this dissertation analyses how Brazilian constituent conceived Brazilian Supreme Court and its access way, for after verify, through Supreme Court decisions, if this tribunal adopts an orientation that favour or not the emergency dialogue of public sphere, notably through recognition of interpreters community to legitimate its decisions.
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50

Nouwen, Sarah Maria Heiltjen. "Complementarity in conflict : law, politics and the catalysing effect of the International Criminal Court in Uganda and Sudan." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609009.

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