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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... arguments made on its behalf, and the appropriate responses to those contentions. Gerard V. Bradley opens the volume with an analysis of the claims made by defenders of the Court, and by the Court itself, in the landmark joint opinion ...
... argument of Casey “is that the Court's interpretation must be accepted, not because it is right, but because ... arguing for a more limited understanding of it. Despite the apparent magnitude of its surface claims (for example, in its ...
... argument, put forward by advocates of a “moral” reading of the Constitution, that judges have special powers of moral insight, concluding that it has insuperable theoretical and practical difficulties. The obvious and familiar arguments ...
... arguments that judicial review is compatible with republicanism inasmuch as it represents the view of the people as to how their self-government should be conducted, that it promotes republican values by improving the quality of public ...
... arguing that Boerne is only accidentally right in this particular case and that its broader argument is unsound), and U.S. v. Lopez (suggesting that, despite the importance of constitutional standards for federalism, the judiciary lacks ...
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 |