In Defense Of A Political Court

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In Defense of a Political Court

Terri Jennings Peretti
In Defense of a Political Court Book PDF

Author : Terri Jennings Peretti
Publisher : Princeton University Press
Page : 381 pages
File Size : 51,8 Mb
Release : 2001-10-29
Category : Law
ISBN : 9781400823352

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In Defense of a Political Court by Terri Jennings Peretti Pdf

Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.

In Defense of a Political Court

Terri Peretti
In Defense of a Political Court Book PDF

Author : Terri Peretti
Publisher : Unknown
Page : 0 pages
File Size : 49,5 Mb
Release : 2008
Category : Electronic
ISBN : OCLC:1376498065

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In Defense of a Political Court by Terri Peretti Pdf

Too often, constitutional theorists seek to reconcile judicial review with democratic values by eliminating politics from constitutional interpretation. I marshal considerable empirical evidence regarding the courts and American democracy to argue that politics is an inevitable, legitimate, and desirable element in constitutional decision making. When Supreme Court justices decide in accordance with their ideological values or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. A political Court further possesses instrumental value in American pluralist democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policy making, particularly regarding the breadth of interests represented.

In Defense of Political Trials

Charles F. Abel,Frank H. Marsh
In Defense of Political Trials Book PDF

Author : Charles F. Abel,Frank H. Marsh
Publisher : Praeger
Page : 176 pages
File Size : 44,9 Mb
Release : 1994
Category : Law
ISBN : UOM:39015026836828

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In Defense of Political Trials by Charles F. Abel,Frank H. Marsh Pdf

When is a political trial good or bad in terms of responsible governance and fairness to individuals or groups? Professors Abel and Marsh define, evaluate, and justify the usefulness of various kinds of political trials, going back through history to answer these questions in practical terms. They point to basic assumptions and various theoretical approaches and assess specific court practices and cases, while showing real dangers and opportunities that have been part of our history. They cover cases involving the establishment and free exercise clauses of the Constitution, including privacy, religious, medical, bioethical, and health-care issues that are of major concern today. This history is important to political scientists, legal scholars, lawyers, historians, and others concerned with civil rights.

In Defense of Judicial Elections

Chris W. Bonneau,Melinda Gann Hall
In Defense of Judicial Elections Book PDF

Author : Chris W. Bonneau,Melinda Gann Hall
Publisher : Routledge
Page : 198 pages
File Size : 40,7 Mb
Release : 2009-06-02
Category : Law
ISBN : 9781135852696

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In Defense of Judicial Elections by Chris W. Bonneau,Melinda Gann Hall Pdf

Ought judges be independent of democratic pressures, or should they be subjected to the preferences and approval of the electorate? In this book, Bonneau and Hall use empirical data to shed light on these normative questions and offer a coherent defense of judicial elections.

The Authority of the Court and the Peril of Politics

Stephen Breyer
The Authority of the Court and the Peril of Politics Book PDF

Author : Stephen Breyer
Publisher : Harvard University Press
Page : 113 pages
File Size : 40,6 Mb
Release : 2021-09-14
Category : Law
ISBN : 9780674269361

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The Authority of the Court and the Peril of Politics by Stephen Breyer Pdf

A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Pack the Court!

Stephen M. Feldman
Pack the Court Book PDF

Author : Stephen M. Feldman
Publisher : Unknown
Page : 128 pages
File Size : 53,6 Mb
Release : 2021
Category : Judges
ISBN : 143992158X

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Pack the Court! by Stephen M. Feldman Pdf

"Challenges the argument that court-packing will politicize the Court and undermine its institutional legitimacy, arguing that the "law-politics dichotomy" is a myth because politics always has and always will influence Supreme Court decision-making"--

In Defense of the Constitution

George Wescott Carey
In Defense of the Constitution Book PDF

Author : George Wescott Carey
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 1989
Category : Law
ISBN : 0865971382

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In Defense of the Constitution by George Wescott Carey Pdf

In Defense of the Constitution argues that modern disciples of Progressivism who subtly distort fundamental principles of the Constitution are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court--or judicial supremacy. George W. Carey was Professor of Government at Georgetown University and editor of The Political Science Reviewer. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Judges beyond Politics in Democracy and Dictatorship

Lisa Hilbink
Judges beyond Politics in Democracy and Dictatorship Book PDF

Author : Lisa Hilbink
Publisher : Cambridge University Press
Page : 13 pages
File Size : 41,5 Mb
Release : 2007-07-23
Category : Law
ISBN : 9781139466813

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Judges beyond Politics in Democracy and Dictatorship by Lisa Hilbink Pdf

Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.

The Case Against the Supreme Court

Erwin Chemerinsky
The Case Against the Supreme Court Book PDF

Author : Erwin Chemerinsky
Publisher : Penguin Books
Page : 402 pages
File Size : 55,6 Mb
Release : 2015-09-29
Category : History
ISBN : 9780143128007

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The Case Against the Supreme Court by Erwin Chemerinsky Pdf

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

The Judicial Power of the Purse

Nancy Staudt
The Judicial Power of the Purse Book PDF

Author : Nancy Staudt
Publisher : University of Chicago Press
Page : 212 pages
File Size : 40,6 Mb
Release : 2011-05
Category : Law
ISBN : 9780226771144

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The Judicial Power of the Purse by Nancy Staudt Pdf

Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

The Justice of Contradictions

Richard L. Hasen
The Justice of Contradictions Book PDF

Author : Richard L. Hasen
Publisher : Yale University Press
Page : 245 pages
File Size : 50,5 Mb
Release : 2018-03-20
Category : Biography & Autobiography
ISBN : 9780300228649

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The Justice of Contradictions by Richard L. Hasen Pdf

An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order

The Collapse of Constitutional Remedies

Aziz Z. Huq
The Collapse of Constitutional Remedies Book PDF

Author : Aziz Z. Huq
Publisher : Oxford University Press
Page : 193 pages
File Size : 49,9 Mb
Release : 2021
Category : LAW
ISBN : 9780197556818

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The Collapse of Constitutional Remedies by Aziz Z. Huq Pdf

"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Parchment Barriers

Zachary Courser,Eric Helland,Kenneth Miller
Parchment Barriers Book PDF

Author : Zachary Courser,Eric Helland,Kenneth Miller
Publisher : University Press of Kansas
Page : 220 pages
File Size : 49,7 Mb
Release : 2018-11-06
Category : Political Science
ISBN : 9780700627141

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Parchment Barriers by Zachary Courser,Eric Helland,Kenneth Miller Pdf

The United States has become ever more deeply entrenched in powerful, rival, partisan camps, and its citizens more sharply separated along ideological lines. The authors of this volume, scholars of political science, economics, and law, examine the relation between our present-day polarization and the design of the nation's Constitution. The provisions of our Constitution are like “parchment barriers”—fragile bulwarks intended to preserve liberty and promote self-government. To be effective, these barriers need to be respected and reinforced by government officials and ordinary citizens, both in law and in custom. This book asks whether today’s partisan polarization is threatening these constitutional provisions and thus our constitutional order. The nation's founders, clearly concerned about political division, designed the Constitution with numerous means for controlling factions, restraining majority rule, and preventing concentrations of power. In chapters that span the major institutions of American government, the authors of Parchment Barriers explore how partisans are pushing the limits of these constitutional restraints to achieve their policy goals and how the forces of majority faction are testing the boundaries the Constitution draws around democratic power. What, for instance, are the dangers of power being concentrated in the executive branch, displaced to the judiciary, or assumed by majority party leaders in Congress? How has partisan polarization affected the nature, size, and power of the administrative state? And why do political parties, rather than working to facilitate the constitutional order as envisioned by James Madison, now chafe against its limits on majority rule? Parchment Barriers considers the implications of polarization for policy, governance, and the health of American democracy.

Political Constitutionalism

Richard Bellamy
Political Constitutionalism Book PDF

Author : Richard Bellamy
Publisher : Cambridge University Press
Page : 280 pages
File Size : 44,5 Mb
Release : 2007-09-13
Category : Political Science
ISBN : 9781139467919

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Political Constitutionalism by Richard Bellamy Pdf

Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.

Courts and Judicial Activism under Crisis Conditions

Martin Belov
Courts and Judicial Activism under Crisis Conditions Book PDF

Author : Martin Belov
Publisher : Routledge
Page : 319 pages
File Size : 55,9 Mb
Release : 2021-09-22
Category : Law
ISBN : 9781000436419

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Courts and Judicial Activism under Crisis Conditions by Martin Belov Pdf

This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.