That Eminent Tribunal: Judicial Supremacy and the ConstitutionChristopher Wolfe Princeton University Press, 2009 M02 9 - 256 páginas The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process? |
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... three principal components: a discourse of instrumental rationality; a perpetual roving commission to ferret out decisions based on tradition, faith, and emotion; and deference to the opinions prevalent among an educated class. This ...
... three-part argument, the last part possessed of two sections. The whole ensemble is a nearly perfect expression of what has been on offer from the Supreme Court, not just on abortion but about much of constitutional law since Roe. In ...
... three Republican appointees—so-called centrists—said that, but for the abortion license established in Roe, “the state might as readily restrict a woman's right to choose to carry a pregnancy to term as to terminate it, to further ...
... three justices could or should have awaited definitive studies bearing on the causal questions before releasing their torrent of urgent words. I mean only that from a down-to-earth perspective their argument is unlikely. As a matter of ...
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Contenido
1 | |
10 | |
20 | |
CHAPTER 3 Casey at the BatTaking Another Swing at Planned Parenthood v Casey | 37 |
The Vices of the Judges Enter a New Stage | 59 |
CHAPTER 5 Judicial Power and the Withering of Civil Society | 85 |
CHAPTER 6 The Academy the Courts and the Culture of Rationalism | 97 |
CHAPTER 7 Judicial Moral Expertise and RealWorld Constraints on Judicial Moral Reasoning | 118 |
CHAPTER 8 Toward a More Balanced History of the Supreme Court | 141 |
CHAPTER 9 Judicial Review and Republican Government Jeremy Waldron | 159 |
Supreme Legislator or Prudent Umpire? | 181 |
CHAPTER 11 The Rehnquist Court and Conservative Judicial Activism | 199 |
Index | 225 |
Otras ediciones - Ver todas
That Eminent Tribunal: Judicial Supremacy and the Constitution Christopher Wolfe Vista previa limitada - 2009 |
That Eminent Tribunal: Judicial Supremacy and the Constitution Christopher Wolfe Sin vista previa disponible - 2004 |
That Eminent Tribunal: Judicial Supremacy and the Constitution: Judicial ... Christopher Wolfe Sin vista previa disponible - 2004 |