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Author : Christopher Wolfe
Publisher : Rowman & Littlefield
Page : 472 pages
File Size : 45,8 Mb
Release : 1994
Category : Law
ISBN : 0822630265
This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Author : Christopher Wolfe
Publisher : Rowman & Littlefield
Page : 168 pages
File Size : 45,5 Mb
Release : 1997
Category : Law
ISBN : 0847685314
In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
Author : Mauro Cappelletti
Publisher : MICHIE
Page : 144 pages
File Size : 49,7 Mb
Release : 1971
Category : Law
ISBN : STANFORD:36105043867519
Author : Sylvia Snowiss
Publisher : Yale University Press
Page : 252 pages
File Size : 54,6 Mb
Release : 1990-01-01
Category : Law
ISBN : 0300046650
In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
Author : Jack N. Rakove,Colleen A. Sheehan
Publisher : Cambridge University Press
Page : 623 pages
File Size : 54,5 Mb
Release : 2020-03-12
Category : History
ISBN : 9781107136397
A multifaceted approach to The Federalist that covers both its historical value and its continuing political relevance.
Author : Swati Jhaveri,Michael Ramsden
Publisher : Cambridge University Press
Page : 447 pages
File Size : 54,6 Mb
Release : 2021-03-18
Category : Law
ISBN : 9781108481571
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author : Christopher Wolfe
Publisher : Basic Books (AZ)
Page : 392 pages
File Size : 42,8 Mb
Release : 1986
Category : Judge-made law
ISBN : 0465070345
Author : William E. Nelson
Publisher : University Press of Kansas
Page : 184 pages
File Size : 54,9 Mb
Release : 2018-05-19
Category : Law
ISBN : 9780700626403
On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court’s standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution. Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court’s prestige and power rather than have it serve partisan political agendas. Nelson expands upon his original historical analysis by providing a more complete and nuanced account of eighteenth-century constitutionalism and the early development of judicial review. The new material includes chapters on nullification of legislation in local courts, James Otis’s articulation of the doctrine of judicial review in the Writs of Assistance Case, the use of this doctrine in response to the Stamp Act and Townshend Act, and the expansion of judicial review in the State Cases. This revised and expanded edition provides a fuller picture of colonial America and a richer understanding of Marshall’s foundational decision.
Author : Mark Tushnet
Publisher : Princeton University Press
Page : 288 pages
File Size : 47,9 Mb
Release : 2009-07-20
Category : Political Science
ISBN : 9781400828159
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Author : Jesse H. Choper
Publisher : Quid Pro Books
Page : 441 pages
File Size : 53,6 Mb
Release : 2013-05-16
Category : Political Science
ISBN : 9781610271714
As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Author : Thomas M. Keck
Publisher : University of Chicago Press
Page : 393 pages
File Size : 44,7 Mb
Release : 2010-02-15
Category : Political Science
ISBN : 9780226428864
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Author : James Macgregor Burns
Publisher : Penguin
Page : 344 pages
File Size : 52,5 Mb
Release : 2009-06-25
Category : Political Science
ISBN : 9781101081907
From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.
Author : Stanley A. De Smith,John Maxwell Evans
Publisher : Unknown
Page : 704 pages
File Size : 48,9 Mb
Release : 1980
Category : Judicial review of administrative acts
ISBN : UCAL:B4160329
Author : Michael Avery,Danielle McLaughlin
Publisher : Vanderbilt University Press
Page : 503 pages
File Size : 45,8 Mb
Release : 2021-04-30
Category : Law
ISBN : 9780826503398
Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international law
Author : Gordon Hewart Baron Hewart
Publisher : Praeger
Page : 0 pages
File Size : 43,7 Mb
Release : 1975-11-21
Category : Political Science
ISBN : 9780837183893