From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.

"The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi also show that Islam has not only been popularly demanded and introduced into constitutions during periods of 'democratisation' and 'modernisation', but also that constitutional Islamisation has frequently been accompanied by an expansion in constitutional human rights"--

In today's society, work takes up a vast proportion of the time and energy of ordinary people. Although use of the phrase 'work-life balance' is now commonplace in the media and ordinary conversation, people work longer hours than ever before. However, rather than purely a means to an end in terms of supporting oneself financially, the workplace is a place to develop skills and talents and build lasting friendships. For these reasons, people want to know about their rights in the workplace. Issues of equal pay, discrimination, discharge/dismissal, and redundancy are prevalent within the media, and there is a growing public appetite for knowledge of the law governing the employment relationship. This Very Short Introduction provides an overview of the main kinds of employment rights and labour laws found in many countries. It unpicks and evaluates some of the assumptions underpinning contemporary attitudes to such rights and laws in order to measure whether they are warranted. Throughout it also considers the economic, political, sociological, and social justifications for employment rights and laws.

Do judges use the power of the state for the good of the nation? Or do they create new laws in line with their personal views? When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people. But that did not stop them ruling that an order made by the Queen on the advice of her prime minister was just ‘a blank piece of paper’. Joshua Rozenberg, Britain’s best-known commentator on the law, asks how judges can maintain public confidence while making hard choices.

Environmental law is the law concerned with environmental problems. It is a vast area of law that operates from the local to the global, involving a range of different legal and regulatory techniques. In theory, environmental protection is a no brainer. Few people would actively argue for pollution or environmental destruction. Ensuring a clean environment is ethically desirable, and also sensible from a purely self-interested perspective. Yet, in practice, environmental law is a messy and complex business fraught with conflict. Whilst environmental law is often characterized in overly simplistic terms, with a law being seen as be a simple solution to environmental problems, the reality is that creating and maintaining a body of laws to address and avoid problems is not easy, and involves legislators, courts, regulators and communities. This Very Short Introduction provides an overview of the main features of environmental law, and discusses how environmental law deals with multiple interests, socio-political conflicts, and the limits of knowledge about the environment. Showing how interdependent societies across the world have developed robust and legitimate bodies of law to address environmental problems, Elizabeth Fisher discusses some of the major issues involved in environmental law's: nation statehood, power, the reframing role of law, the need to ensure real environmental improvements, and environmental justice. As Fisher explains, environmental law is, and will always be, inherently controversial.

"Good Judgment, based upon the author's experience as a lawyer, law professor and judge, explores the role of the judge and the art of judging. Engaging with the American, English and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the questions, what exactly do judges do? What is properly within their role and what falls outside? And, how do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely, judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make; but on the other hand, the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge, and will be of particular interest to lawyers, judges, law students and legal academics."--

Very Short Introductions: Brilliant, Sharp, Inspiring Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. It is applicable in different forms as part of state law in countries across the Middle East, Asia, and Africa, and also has a strong influence on Muslim communities throughout the Western world. This Very Short Introduction provides an authoritative perspective on the evolution and nature of Islamic law. Mashood A. Baderin considers its theory, covering the history and nature of Islamic jurisprudence; its scope, covering Family Law, Inheritance Law, Financial Law, Penal Law, and International Law; and, finally, its practice. He takes into account both classical and modern scholarly perspectives in examining the various facets of Islamic law, to provide an overview of this key legal system. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

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.

"Biskupic, an accomplished and well-sourced journalist, knows the court as well as anyone now covering it... In her new book Biskupic has done something different and a good deal harder. She has written a group narrative that combines close accounts of the court's public business in the Trump years with a history of its private dramas and conflicts... The deeper message of 'Nine Black Robes' is that even with a new president in office we remain captive to the Age of Trump... A quiet urgency ripples through this informative, briskly paced and gracefully written book." —New York Times Book Review "Biskupic opens a window onto the opaque, insular world of the justices to show an institution sinking gradually into crisis . . . Biskupic is a longtime chronicler of the court, and "Nine Black Robes" puts on display her connections within its chambers." —Washington Post "[Biskupic] knows how to make news and illuminate the personalities atop the judicial org chart . . . The book reveals unseen sausage-making . . ." —Wall Street Journal "Fascinating and informative . . . [Biskupic's] long experience covering the court . . . has put her in an incomparable position to comment on its make-up, historical positions and direction. It has also made her privy to many significant, little-known secrets about Supreme Court personalities and their historical behaviors." —The National Book Review CNN Senior Supreme Court Analyst Joan Biskupic provides an urgent and inside look at the history-making era in the Supreme Court during the Trump and post-Trump years, from its seismic shift to the Right to its controversial decisions, including its reversal of Roe v. Wade, based on access to all the key players. Nine Black Robes displays the inner maneuverings among the Supreme Court justices that led to the seismic reversal of Roe v. Wade and a half century of women’s abortion rights. Biskupic details how rights are stripped away or, alternatively as in the case of gun owners, how rights are expanded. Today’s bench—with its conservative majority—is desperately ideological. The Court has been headed rightward and ensnared by its own intrigues for years, but the Trump appointments hastened the modern transformation. With unparalleled access to key players, Biskupic shows the tactics of each justice and reveals switched votes and internal pacts that typically never make the light of day, yet will have repercussions for generations to come. Nine Black Robes is the definitive narrative of the country’s highest court and its profound impact on all Americans.

Shared Parenting: the Pakistani Perspective (2nd Edition) (English/Urdu). The present book embodies the articles which i have written on the subjects covering differents aspects of child custody litigation, in the course of twenty-one years. The universal concept of child custody litigation incorporated herein may prove useful not only to young generation preparing for academicals and professional practice, but also the majority of elderly individuals engaged in child cutody litigation on account of having differences with their spouses. Moreover, both of these classes find it essential, to familiarize and acquaint themselves with the therapeutic nature of the Law of visitaion with their offspring.

"The president remarked that, "Ultimately, I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress. And I'd just remind conservative commentators that for years what we've heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law"--

Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.

This is a serious scholarly narrative about the past history of relationship between the judiciary and the executive in Pakistan. It also describes the different trends of the judiciary in deciding the cases of political importance and especially the pressure of the executive on the judiciary to get favorable decisions. This book describes, analyzes and highlights the history of judicial activism in the first decade of 21st century in Pakistan which helped the judiciary to liberate itself from undemocratic forces and to dispense justice in a free and fair atmosphere and without any cost. On the other it also describes that how the judiciary has been stretching its powers and to influence the decisions of the Executive and Parliament. This book explains the causes of conflict among the judiciary; the executive and parliament. It also throws light on the causes and consequences of judicial activism on political culture of Pakistan. This study is substantial contribution in the historical literature. It describes the new role of Pakistani judiciary in the political culture of Pakistan in which two prime ministers of Pakistan have been disqualified by judicial verdicts. The judiciary assumed the new role to eradicate corruption from society, to correct administrative actions of the government and to eliminate some social evils from society which developed a new phenomenon and affected the whole Pakistani social and political order. Significantly, this is a wide ranging account of a political role of the judiciary in Pakistan.