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? |
Dentro del libro
Resultados 1-5 de 30
... critics, the Court's “privacy” decisions (regarding, for example, abortion and homosexuality) have, in the name of individual autonomy, undermined the moral framework of society by depriving state and local governments of their ...
... criticism of particular decisions, and, in some cases, a call to recognize a broader power in other branches to ... critics with the whipsaw of popular ratification.” But, then, how is it possible to know what the law is, until the ...
... criticism of an “activist” Rehnquist Court—not because of decisions like Planned Parenthood v. Casey (which largely garners the approval of the legal professoriate)—but because of its federalism cases. The recent Supreme Court has ...
... criticize recent activism qua activism, but he says that we should at least understand the magnitude of its ... critics have substantial grounds for their accusations of judicial activism, and it appears that the Rehnquist Court has not ...
... critics with the whipsaw of popular ratification. These matters are not the concern solely of constitutional lawyers; they are not just “academic” questions. Everyone needs to know what the law is. Was George Wallace, standing at the ...
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 |