The Judicial BranchKermit L. Hall, Kevin T. McGuire Oxford University Press, 2005 M10 27 - 624 páginas In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy. |
Dentro del libro
Resultados 1-5 de 77
Página xiii
... protection " ( in the language of the Fourteenth Amendment ) is indispensable to authentic democracy . But there cannot be a similar claim that as an institution the judiciary is an institution of American constitutional democracy ...
... protection " ( in the language of the Fourteenth Amendment ) is indispensable to authentic democracy . But there cannot be a similar claim that as an institution the judiciary is an institution of American constitutional democracy ...
Página xv
... protected , when American legislators and executives adhered to a libertarian tradi- tion that developed outside the ... protect political processes from legislative regulation . For reasons that Charles R. Epp spells out in his chapter ...
... protected , when American legislators and executives adhered to a libertarian tradi- tion that developed outside the ... protect political processes from legislative regulation . For reasons that Charles R. Epp spells out in his chapter ...
Página 22
... protect legal rights . Thus , the case held that President Adams's signature on William Marbury's com- mission completed ... protection of the laws , whenever he receives an injury . " But was Marbury entitled to the specific remedy for ...
... protect legal rights . Thus , the case held that President Adams's signature on William Marbury's com- mission completed ... protection of the laws , whenever he receives an injury . " But was Marbury entitled to the specific remedy for ...
Página 40
... protection against undue government intrusions into the private domain . The Dred Scott decision was of pivotal ... protected eventually could lead to a ruling that not even free states could exclude slaves from their territory . As a ...
... protection against undue government intrusions into the private domain . The Dred Scott decision was of pivotal ... protected eventually could lead to a ruling that not even free states could exclude slaves from their territory . As a ...
Página 44
... protect them from the majoritarian democratic onslaughts by the poor . The reaction to the Court's invalidation of ... protected by the Fourteenth Amendment of the Federal Constitution . " The Court acknowledged that freedom of contract ...
... protect them from the majoritarian democratic onslaughts by the poor . The reaction to the Court's invalidation of ... protected by the Fourteenth Amendment of the Federal Constitution . " The Court acknowledged that freedom of contract ...
Contenido
COURTS IN THE CONSTITUTIONAL SYSTEM | 87 |
COURTSCULTURESAND PUBLICS | 231 |
RIGHTS LIBERTIESAND DEMOCRACY | 341 |
PROPERTY RIGHTS | 485 |
WHITHER THE JUDICIARY AND AMERICAN DEMOCRACY | 515 |
INDEX | 543 |
Otras ediciones - Ver todas
Institutions of American Democracy: The Judicial Branch Kermit L. Hall,Kevin T. McGuire Sin vista previa disponible - 2005 |
Términos y frases comunes
action administration African Americans American democracy American Political appeals appointment authority ballot branches century Chief Justice citizens civil rights claims Clause conflict Congress congressional constitutionality criminal critics declared defendants democratic desegregation disputes Dred Scott due process Earl Warren economic electoral enforcement equal example executive federal courts federal judges Federalist Fourteenth Amendment free speech freedom important individual institutions interpretation issues judicial elections judicial independence judicial power judicial review judicial system judiciary jury lawyers legislative legislature legitimacy liberty limited litigation Madison majoritarian majority Marbury Marshall ment nomination officials opinion party percent popular practice president presidential property rights Proposition 187 protection racial racial segregation reform Rehnquist Republican rights revolution role segregation Senate separation of powers social society statutes Supreme Court justices tion tional trial U.S. Constitution U.S. Supreme Court unconstitutional United University Press violation vote voters Warren Court William Rehnquist York