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? |
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... necessary to the notion of lawfulness, leaving us with the forms but without the substance of law. George W. Liebmann discusses the effect of judicial interference on subordinate and mediating institutions, and what should be done about ...
... 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 important—popular sovereignty ...
... necessary political support even to consider significant limits on court power. And a fatalistic acceptance of extraordinarily broad policymaking power in the hands of unelected and virtually unaccountable judges is not consistent with ...
... necessary, because the proposition conceded is obviously true? Casey is one 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 ...
... necessary for judicial supremacy, and judicial supremacy is necessary for constitutionalism, and constitutionalism is necessary for nationhood. Is it possible, you may fairly ask, for sane people to believe, indeed, to believe fervently ...
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 |