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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... controversial Court decisions is downplayed on the basis of the Court's superiority to the people in elaborating our national principles: “the Court has constructed around its rulings a seemingly impregnable rhetorical fortress, pouring ...
... controversy; second, it is inadequate as a general constitutional theory, because it is has too open-ended a theory of rights, and too little appreciation for the role of government in protecting rights; and third, it is ill equipped to ...
... controversy to end their national division by accepting a common mandate rooted in the Constitution.” To abandon precedent under these circumstances would threaten the people's belief that “the Court [is] invested with the authority to ...
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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 |