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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... precedents from the last generation or two. More often, there is criticism of particular decisions, and, in some cases, a call to recognize a broader ... precedent, is the operative concern.” The Court is the vehicle by Introduction • 3.
... precedents and carries on “the vision of the Justices as the high priests of our constitutional religion.” Especially given that bad judicial decisions are much more difficult to change than legislative ones, a “more balanced ...
... precedent. There follow many pages (fully twice as many as are spent justifying the constitutional status of the right to abortion) that explain what is at stake in respecting the precedent represented by a case such as Roe v. Wade. In ...
... precedent established by certain momentous constitutional decisions, such as Roe, would exact a truly “terrible price”: Like the character of an individual, the legitimacy of the Court must be earned over time. So, indeed, must be the ...
... precedent and still believe that the Court is a highly fallible guide to constitutional ideals. (Indeed, it seems possible that this is a set of views held by those justices in the plurality who had grave doubts about the original ...
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 |