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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... answers from the Supreme Court. In this respect, it could be said that the central question about judicial power today is how to limit it effectively in order to reestablish a full measure of republican government in the United States ...
... answers. But in the end hermeneutic Socratism is inadequate: first, as a judicial and political action, it failed in its goal of eliminating a “jurisprudence of doubt,” since it only stimulated further controversy; second, it is ...
... answers as defined from a particular “thick” or substantive moral standpoint—liberal judges are moral “experts” from a ... answer is that the Court is the beneficiary—in high schools, colleges, and even law schools—of a “celebratory ...
... answer his distinguished interlocutor. But he defended Roe, in a 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 ...
... to liberate the libido from legal constraints rooted in the moral common sense of the American people. (Why they have decided to do so is a question whose answer is beyond the scope of this paper.) All the odd What Is the Constitution? • ...
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 |