The Judicial Branch

Portada
Kermit L. Hall, Kevin T. McGuire
Oxford University Press, 2005 - 579 páginas
"From the nation's founding, courts have been at the core of America's unique form of constitutional democracy. They settle legal conflicts between private parties, protect the rights of citizens, and oversee the administration of ordinary law. Alexander Hamilton called the judiciary the 'least dangerous' branch of government, as it did not control 'either the sword or the purse'--it possessed 'neither FORCE nor WILL, but merely judgment.' This judgment, expressed through judicial review and judicial sovereignty, empowers the courts to evaluate the actions of the other branches and, ultimately, rule on their constitutionality. While democratic, the American system is not a pure democracy. Instead, it is a constitutional democracy based on two competing principles: a commitment to the will of the people and a simultaneous commitment to limit the potential excesses of popular will through resort to fundamental law. Under this scheme there are fixed rights guaranteed to each individual that cannot be undermined, even when they run counter to the will of the majority. Edited by Kermit L. Hall and Kevin T. McGuire, The Judicial Branch focuses on the judiciary as an institution of American constitutional democracy. Topics explored include the judicial branch 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; the recruitment and appointment of judges; and whether the American scheme of courts is the best way to support democracy. Also discussed are the hotly debated political issues surrounding the courts, such as abortion rights, the determination of the 2000 presidential election, judicial activism, and majoritarianism and the judiciary's role in promoting equality in a democratic society." -- Book jacket

Dentro del libro

Contenido

William E Nelson
3
The Changing Role of the United States
32
Judicial Independence and the Majoritarian Difficulty
60
SECTION
87
Have the Courts
116
Selecting Supreme Court Justices in
142
Is Judicial Federalism Essential to Democracy? State Courts
174
A Comparative Perspective
200
The Impact of Courts on American Life Gerald N Rosenberg
280
Judicial Activism and American Democracy Doris Marie Provine
313
Courts and the Rights Revolution Charles R Epp
343
The Role
375
The Judiciary and the Political
401
Courts and the Definition of Defendants Rights David A Yalof
432
Public Education Democratic Life and the American Courts
459
Property Rights and Democracy in the American Constitutional
487

Courts in American Popular Culture Lynn Mather
233
What Americans Know about the Courts and Why It Matters
262
SECTION
515
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