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Author : Robert H. Jackson
Publisher : Unknown
Page : 442 pages
File Size : 46,5 Mb
Release : 1962
Category : Constitutional law
ISBN : UOM:39015005474914
Author : Robert Houghwout Jackson
Publisher : Octagon Press, Limited
Page : 361 pages
File Size : 52,7 Mb
Release : 1979-01-01
Category : Constitutional law
ISBN : 0374941300
Author : Robert Houghwout Jackson
Publisher : Unknown
Page : 361 pages
File Size : 49,5 Mb
Release : 1941
Category : Electronic
ISBN : OCLC:250667819
Author : Charles Grove Haines
Publisher : Sagwan Press
Page : 402 pages
File Size : 46,6 Mb
Release : 2015-08-27
Category : Electronic
ISBN : 1340567547
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Robert K. Dornan
Publisher : Unknown
Page : 124 pages
File Size : 53,9 Mb
Release : 1980
Category : Judicial review
ISBN : OCLC:8053023
Author : Stephen Breyer
Publisher : Harvard University Press
Page : 113 pages
File Size : 54,6 Mb
Release : 2021-09-14
Category : Law
ISBN : 9780674269361
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.
Author : Robert Dornan,Csaba Vedlik
Publisher : Unknown
Page : 128 pages
File Size : 52,5 Mb
Release : 1980
Category : Electronic
ISBN : OCLC:163694716
Author : Larry Kramer
Publisher : Oxford University Press, USA
Page : 380 pages
File Size : 44,6 Mb
Release : 2004
Category : History
ISBN : 0195306457
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author : Keith E. Whittington
Publisher : Princeton University Press
Page : 320 pages
File Size : 41,9 Mb
Release : 2009-03-09
Category : Law
ISBN : 9781400827756
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Author : Randall G. Holcombe
Publisher : University of Michigan Press
Page : 352 pages
File Size : 40,9 Mb
Release : 2002
Category : Business & Economics
ISBN : 9780472112906
An analysis of American political history using the economic framework of public choice theory
Author : Robert A. Burt
Publisher : Harvard University Press
Page : 492 pages
File Size : 40,7 Mb
Release : 1992
Category : Law
ISBN : 0674165365
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Author : Cass R. Sunstein
Publisher : Harvard University Press
Page : 432 pages
File Size : 42,9 Mb
Release : 1993
Category : Law
ISBN : 067465479X
Sunstein (jurisprudence, political science, U. of Chicago) asserts that, as it is currently interpreted, the Constitution is biased. He points to two contemporary mistakes: that Constitutional law posits the status quo as neutral and just (which, he argues, is not the case); and that the meaning of the Constitution is increasingly solely within the purview of the Supreme Court (which, he argues, is not what the founders intended.) Annotation copyright by Book News, Inc., Portland, OR
Author : Shimon Shetreet,Hiram Chodosh,Helland Eric
Publisher : BRILL
Page : 588 pages
File Size : 41,6 Mb
Release : 2021-08-24
Category : Law
ISBN : 9789004421554
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Author : Robert J. Steinfeld
Publisher : Cambridge University Press
Page : 451 pages
File Size : 40,9 Mb
Release : 2021-09-30
Category : History
ISBN : 9781108839235
A far-reaching re-interpretation of the origins of American judicial review.
Author : William Domnarski
Publisher : University of Michigan Press
Page : 221 pages
File Size : 43,6 Mb
Release : 2009-01-23
Category : Law
ISBN : 9780472021581
The Great Justices offers a revealing glimpse of a judicial universe in which titanic egos often clash, and comes as close as any book ever has to getting inside the minds of Supreme Court jurists. This is rare and little-examined territory: in the public consciousness the Supreme Court is usually seen as an establishment whose main actors, the justices, remain above emotion, vitriol, and gossip, the better to interpret our nation of laws. Yet the Court's work is always an interchange of ideas and individuals, and the men and women who make up the Court, despite or because of their best intentions, are as human as the rest of us. Appreciating that human dimension helps us to discover some of the Court's secrets, and a new way to understand the Court and its role. Comparing four brilliant but very different jurists of the Roosevelt Court-Hugo Black, William O. Douglas, Felix Frankfurter, and Robert Jackson-William Domnarski paints a startling picture of the often deeply ambiguous relationship between ideas and reality, between the law and the justices who interpret and create it. By pulling aside the veil of decorous tradition, Domnarski brings to light the personalities that shaped one of the greatest Courts of our time-one whose decisions continue to affect judicial thinking today. William Domnarski is the author of In the Opinion of the Court (1996), a study of the history and nature of federal court judicial opinions. He holds a J.D. from the University of Connecticut and a Ph.D. in English from the University of California. Domnarski currently practices law in California, where he is also working on a forthcoming biography of legendary Hollywood lawyer Bert Fields.