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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... theory, because it is has too open-ended a theory of rights, and too little appreciation for the role of government in protecting rights; and third, it is ill equipped to resolve the abortion controversy, providing inadequate resources ...
... theories. Judicial moral analysis is inexorably understated, incompletely theorized, and distorted by legal materials (Roe and Casey providing notable examples). Michael W. McConnell is not surprised by the fact that justices (and ...
... theory of value. That theory is a subjective one. The Supreme Court over the last generation or so has declared that no one exercising public authority may act on the basis of the conviction that, regardless of what somebody believes ...
... theory of moral equivalence nullifies this popular judgment by declaring that the asserted objectivity is illusory. The Court says: assertions of moral objectivity amount to, or underwrite, the imposition of one's value judgments upon ...
... theory of value, not sociology. That theory assigns value not to the propositions people affirm (or deny), but the fact of their affirming (or denying). For the final time, where does this subjectivist theory of value, or very strong ...
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 |