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 45
... natural rights, 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.
Judicial Supremacy and the Constitution Christopher Wolfe. or perhaps (even if we think we understand what a human being is) “we think that our judgment here may be a matter of opinion or convention— or even a certain tribal preference ...
... perhaps that is a specification of a (very broad) principle or value, call it privacy. Another example: the “rule against hearsay” is a specification of the norm that precludes unreliable testimony, all to ensure that there is, in ...
... Perhaps most notably, again from Casey: “Our Constitution is a covenant running from the first generation of Americans to us and to future generations. Each generation must learn anew that the Constitution's written terms embody ideas ...
Alcanzaste el límite de visualización de este libro.
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 |