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 61
... legislative and executive branches and state governments have legitimate constitutional authority to participate in the resolution of our great constitutional questions, rather than simply waiting to receive answers from the Supreme ...
... legislative ones, a “more balanced” understanding of constitutional history calls for “greater humility in the exercise of judicial review.” Jeremy Waldron asks how republican government can be squared with a political system in which ...
... legislative action,” recent decisions such as Lopez “are about redirecting political activism into different channels,” that is, from national to state channels. The result of this difference is that the policy consequences of ...
... Legislators and governors and school board members and the President and everyone else acting as part of the state shall act as if forced impregnation is the same as abortion as bringing a baby to term. We shall revisit this theory of ...
... legislative-like authority. One who moves back from norm to principle, and stands there with norm production in mind, has (re)claimed legislative-like prerogative. “Legislative” denotes the implementation of a value (“privacy ...
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 |