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 68
... important, form of influence on the courts is more indirect: the legal academy's inculcation of a “culture of rationalism.” This rationalism has three principal components: a discourse of instrumental rationality; a perpetual roving ...
... important moral, political, and constitutional questions that our society has had to face. Dred Scott, decisions dramatically narrowing the proper scope of the Fourteenth Amendment and helping to usher in Jim Crow, and the oft-cited ...
... importance of constitutional standards for federalism, the judiciary lacks manageable standards for the exercise of judicial review). On the whole, I conclude, the critics have substantial grounds for their accusations of judicial ...
... important but neglected Burstyn v. Wilson case said that “one man's sacred cow is another man's casual repast.”6 Now as a purely descriptive matter, there is some truth in these assertions. People do in fact believe all sorts of things ...
... important piece of evidence for the advisability of the concession. In that case the “centrists” (though on this point they could easily have spoken for almost all those who have served on the Court since World War II) derived a ...
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 |