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 64
... matters regarding life and death, family and sexuality, church and state. According to many of its critics, the Court's “privacy” decisions (regarding, for example, abortion and homosexuality) have, in the name of individual autonomy ...
... , making such questions a matter for political authority. We are no longer as certain as we used to be about what constitutes “nature” and human beings, or perhaps (even if we think we understand what a 4 • Introduction.
... matter of opinion or convention— or even a certain tribal preference for our own species—and so we are content to leave to the decision of the community, or the political process, the authority to determine just who is a human being ...
... matters of principle, and that it is necessary as a means of safeguarding a republican framework. Each of these arguments, he argues, betrays the idea of republican government in the light of something that seems to the proponent more ...
... matters of constitutional structure. What Whittington particularly puts his finger on is a key difference in the nature of recent judicial activism: unlike Casey, which had the effect of “stopping political debate and legislative action ...
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 |