The Nature Of Supreme Court Power

Author : Matthew E. K. Hall
Publisher : Cambridge University Press
Page : 265 pages
File Size : 40,5 Mb
Release : 2010-12-06
Category : Political Science
ISBN : 9781139495394

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The Nature of Supreme Court Power by Matthew E. K. Hall Pdf

Few institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power.

Author : Matthew Eric Kane Hall
Publisher : Unknown
Page : 248 pages
File Size : 50,5 Mb
Release : 2011
Category : Constitutional history
ISBN : 051192593X

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The Nature of Supreme Court Power by Matthew Eric Kane Hall Pdf

"This book offers a comprehensive theory of Supreme Court power, identifying conditions under which the Court is successful at altering the behavior of state and private actors. Matthew E.K. Hall depicts the Court as a powerful institution, capable of exerting significant influence over social change"--Provided by publisher.

Author : Matthew E. K. Hall
Publisher : Cambridge University Press
Page : 264 pages
File Size : 43,6 Mb
Release : 2010-12-06
Category : Political Science
ISBN : 1107001439

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The Nature of Supreme Court Power by Matthew E. K. Hall Pdf

Few institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power. Matthew E. K. Hall finds that the Court tends to exercise power successfully when lower courts can directly implement its rulings; however, when the Court must rely on non-court actors to implement its decisions, its success depends on the popularity of those decisions. Overall, this theory depicts the Court as a powerful institution, capable of exerting significant influence over social change.

Author : Kermit L. Hall
Publisher : Routledge
Page : 506 pages
File Size : 53,5 Mb
Release : 2014-07-22
Category : Law
ISBN : 9781135691530

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Judicial Review and Judicial Power in the Supreme Court by Kermit L. Hall Pdf

Available as a single volume or as part of the 10 volume set Supreme Court in American Society

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 53,6 Mb
Release : 2013
Category : History
ISBN : 9780774823500

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Governing from the Bench by Emmett Macfarlane Pdf

In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

Author : John Agresto
Publisher : Cornell University Press
Page : 184 pages
File Size : 41,6 Mb
Release : 2016-10-15
Category : Law
ISBN : 9781501712913

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The Supreme Court and Constitutional Democracy by John Agresto Pdf

In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Author : Matthew J. Franck
Publisher : Unknown
Page : 296 pages
File Size : 41,9 Mb
Release : 1996
Category : Law
ISBN : UOM:39015037322396

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Against the Imperial Judiciary by Matthew J. Franck Pdf

"Franck's reexamination of the place of natural law in the early Supreme Court is fresh, illuminating, and long overdue. His scholarship is incisive and profound; and the exegeses of early Supreme Court opinions are often brilliant". -- Robert L. Clinton, author of Marbury v. Madison and Judicial Review.

Author : Jud Mathews
Publisher : Oxford University Press
Page : 248 pages
File Size : 42,6 Mb
Release : 2018-03-13
Category : Law
ISBN : 9780190682934

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Extending Rights' Reach by Jud Mathews Pdf

Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.

Author : Edward S. Corwin
Publisher : Routledge
Page : 172 pages
File Size : 44,9 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351483490

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The Doctrine of Judicial Review by Edward S. Corwin Pdf

This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states' rights. Another concerns the Pelatiah Webster Myth the notion that the US Constitution was the work of a single person.In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court to review acts of Congress. "We, the People" examines the rights of states in relation to secession and nullification. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the constitution. "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties.Matthew J. Franck's new introduction to this centennial edition situates Corwin's career in the history of judicial review both as a concept and as a political reality.

Author : Benjamin Nathan Cardozo
Publisher : Unknown
Page : 218 pages
File Size : 51,5 Mb
Release : 1921
Category : Judges
ISBN : UOM:39015013793164

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The Nature of the Judicial Process by Benjamin Nathan Cardozo Pdf

In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Author : Jeffrey Toobin
Publisher : Anchor
Page : 482 pages
File Size : 45,8 Mb
Release : 2008-09-30
Category : Political Science
ISBN : 9780307472892

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The Nine by Jeffrey Toobin Pdf

Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

Author : Linda Greenhouse
Publisher : Oxford University Press
Page : 161 pages
File Size : 44,8 Mb
Release : 2023-08-18
Category : Law
ISBN : 9780197689486

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The U.S. Supreme Court: A Very Short Introduction by Linda Greenhouse Pdf

Very Short Introductions: Brilliant, Sharp, Inspiring For 30 years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show readers how the Supreme Court really works. Greenhouse offers a fascinating institutional biography of a place and its people--men and women who exercise great power but whose names and faces are unrecognized by many Americans and whose work often appears cloaked in mystery. How do cases get to the Supreme Court? How do the justices go about deciding them? What special role does the chief justice play? What do the law clerks do? How does the court relate to the other branches of government? Greenhouse answers these questions by depicting the justices as they confront deep constitutional issues or wrestle with the meaning of confusing federal statutes. Throughout, the author examines many individual Supreme Court cases to illustrate points under discussion, including Marbury v. Madison, the seminal case which established judicial review; District of Columbia v. Heller (2008), which struck down the District of Columbia's gun-control statute and which was, surprisingly, the first time in its history that the Court issued an authoritative interpretation of the Second Amendment; and Dobbs v. Jackson Women's Health Organization (2022), which repudiated the right to abortion the Court had recognized nearly fifty years earlier in Roe v. Wade (1973). To add perspective, Greenhouse also compares the Court to foreign courts, revealing interesting differences. For instance, no other country in the world has chosen to bestow life tenure on its judges. The third edition of Greenhouse's Very Short Introduction tracks the changes in the Court's makeup over the past decade, including the landmark decisions of the Obama and Trump eras and the emergence of a conservative supermajority. A superb overview packed with telling details, this volume offers a matchless introduction to one of the pillars of American government.

Author : Richard H. Fallon
Publisher : Harvard University Press
Page : 237 pages
File Size : 50,5 Mb
Release : 2018-02-19
Category : Law
ISBN : 9780674975811

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Law and Legitimacy in the Supreme Court by Richard H. Fallon Pdf

Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 50,6 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Author : Edward Samuel Corwin
Publisher : Unknown
Page : 296 pages
File Size : 45,7 Mb
Release : 1957
Category : Constitutional history
ISBN : STANFORD:36105007517605

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Court Over Constitution by Edward Samuel Corwin Pdf