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Author: Philip B. Kurland
Publisher: University of Chicago Press
ISBN: 9780226464015
Category : Law
Languages : en
Pages : 304
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Book Description
The papers in this collection are drawn from the annual The Supreme Court Review, which, since its inception in 1960, has been regarded by such legal scholars as Robert F. Drinnan, S. J., as "An indispensable, universally quoted work of the highest scholarship regarding the world's most influential tribunal." Now some of the most important contributions to the Review have been brought together in paperback editions that focus on issues that are becoming increasingly relevant to the ordinary citizen's daily life.
Author: Philip B. Kurland
Publisher: University of Chicago Press
ISBN: 9780226464015
Category : Law
Languages : en
Pages : 304
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Book Description
The papers in this collection are drawn from the annual The Supreme Court Review, which, since its inception in 1960, has been regarded by such legal scholars as Robert F. Drinnan, S. J., as "An indispensable, universally quoted work of the highest scholarship regarding the world's most influential tribunal." Now some of the most important contributions to the Review have been brought together in paperback editions that focus on issues that are becoming increasingly relevant to the ordinary citizen's daily life.
Author: Philip B. Kurland
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 287
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Book Description
Author: Kermit L. Hall
Publisher: Routledge
ISBN: 1135691533
Category : Law
Languages : en
Pages : 506
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Book Description
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Author: Archibald Cox
Publisher: Oxford University Press, USA
ISBN: 9780195199093
Category : History
Languages : en
Pages : 132
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Book Description
"Consists ... of the four Chichele lectures delivered at Oxford University under the auspices of All Souls College early in 1975"--Preface
Author: Richard Pacelle
Publisher: Routledge
ISBN: 1136657797
Category : LAW
Languages : en
Pages : 327
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Book Description
The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court’s work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court’s interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.
Author: John Agresto
Publisher: Cornell University Press
ISBN: 1501712918
Category : Law
Languages : en
Pages : 184
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Book Description
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: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004215859
Category : Law
Languages : en
Pages : 689
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Book Description
The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.
Author: Yaacov S. Zemach
Publisher: Detroit : Wayne State University Press
ISBN:
Category : Law
Languages : en
Pages : 314
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Book Description
Author:
Publisher:
ISBN:
Category : Jury
Languages : en
Pages : 230
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Book Description
Author: Frank R. Strong
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 200
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Book Description
Strong identifies two concepts that have evolved for effectuation of limitation: indirect limitations (in which the defining feature is one of checks and balances) and direct limitations (which has its origins in the conviction that there exists a higher law forbidding abuse of mortal power). The Constitution of 1787 was saturated with indirect limitations, primarily separation of powers in the new federal government and federalism for divided authority between it and the States. The designed function for the Judiciary was to review this fractionation for distortions of it; friction would indirectly reduce thrusts of arbitrary behavior. Judicial Review involved no authority to determine constitutionality. The Bill of Rights of 1791 introduced several direct limitations, mostly procedural. The major substantive provisions were those of the First Amendment and Due Process of the Fifth. Chief Justice John Marshall asserted that the Supreme Court possessed authority to determine, with finality, all portions of the Constitution. Although effectively refuted, the usurpation prevailed and Constitutional Review has been tolerated. The record of the Court's exercise of this function is poor. Especially with direct substantive limitations there have been inexcusable misrepresentations of major guarantees. Some may be attributed to ignorance of constitutional history, but in this century there is growing evidence of intent to disregard that history as irrelevant for today. Thus arises the threat of an Imperial Judiciary, an arrogant and dangerous affront to the design of the Founders for government by consent of the governed. Strong urges major revisions in the Judicial Branch. He proposes two Supreme Courts - one for Judicial Review, the other for Constitutional Review - in response to the differing functions of review. Jurists of the latter would serve for a term of years and their power to determine constitutionality would be reduced to that of Advisory Review where, by genuine interpretation, the Constitution is silent. Amendment would be only by Article V.
