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 34
... ground for unity without judicial supremacy. What explains Casey's concern about a “jurisprudence of doubt” is something deeper than precedent: “the authoritativeness and supremacy of the judiciary's interpretive function, not respect ...
... grounds of our rights, and our jurisprudence. This new jurisprudence can therefore be characterized as “antijural jurisprudence,” since it detaches itself from the premises necessary to the notion of lawfulness, leaving us with the ...
... grounds for their accusations of judicial activism, and it appears that the Rehnquist Court has not, unfortunately, marked a significant retreat from the activism inherent in modern forms of judicial review. What practical measures can ...
... grounds that include precisely these acts' objective immorality. The Court's odd theory of moral equivalence nullifies this popular judgment by declaring that the asserted objectivity is illusory. The Court says: assertions of moral ...
... ground for an important decision, the claims are at once so tenuous and strident as to approach the hysterical. Why, then, do thoughtful people, including not only Supreme Court justices but also prominent scholars,7 accept the argument ...
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 |