Author: Philip B. Kurland

Publisher: University of Chicago Press

ISBN: 9780226464015

Category: Law

Page: 287

View: 9793

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.
Read More

Author: John Agresto

Publisher: Cornell University Press

ISBN: 150171290X

Category: Law

Page: 184

View: 5450

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. 02 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... 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. 02 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... 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. 02 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...
Read More

A Functional Reconsideration of the Role of the Supreme Court

Author: Jesse H. Choper

Publisher: Quid Pro Books

ISBN: 1610271718

Category: Political Science

Page: 494

View: 1112

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.
Read More

Author: Bernard Schwartz

Publisher: Oxford University Press

ISBN: 9780195093872

Category: History

Page: 465

View: 2457

A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.
Read More

Author: Martin Shapiro

Publisher: Quid Pro Books

ISBN: 1458196860

Category: Law

Page: 194

View: 9770

One of the great continuing disputes of U.S. politics is about the role of the Supreme Court. Another is about the First Amendment. This book is about both. A classic defense of the openly political role of the Court, this book belies the notion reasserted recently by Chief Justice Roberts that judges are just neutral umpires. Especially in the area of speech, judges make policy; they create law.
Read More

Author: Kermit L. Hall,Kevin T. McGuire

Publisher: Oxford University Press on Demand

ISBN: 9780195309171

Category: Political Science

Page: 579

View: 1537

Presents a collection of essays examining the American judiciary, including such topics as judicial review and interpretation, judicial activism, the judiciary and the political process, and selecting Supreme Court justices.
Read More

Author: Philip B. Kurland

Publisher: University of Chicago Press

ISBN: 9780226464015

Category: Law

Page: 287

View: 4398

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.
Read More

Essays in Honour of Justice V.R. Krishna Iyer

Author: V. R. Krishna Iyer

Publisher: N.A

ISBN: N.A

Category: Festschriften

Page: 340

View: 5746

Read More

How the Supreme Court Decides Cases

Author: Bernard Schwartz

Publisher: Oxford University Press on Demand

ISBN: 0195118006

Category: Law

Page: 288

View: 3056

Explains how the United States Supreme Court works, including how it selects and works on cases
Read More

Author: Charles Warren

Publisher: William S. Hein & Co., Inc.

ISBN: 9780899419008

Category: Law

Page: 308

View: 6562

Reprint of the 1930 edition discusses the Constitution as an American document & how it relates to Congress & the courts.
Read More

Federalists or Unitarists?

Author: Nicholas Aroney,John Kincaid

Publisher: University of Toronto Press

ISBN: 1487500629

Category: Law

Page: 583

View: 2554

Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.
Read More

Case Studies on Judicial Review and Public Policy

Author: Earl E. Pollock

Publisher: ABC-CLIO

ISBN: 0313365253

Category: Law

Page: 419

View: 7856

Topically arranged casebook of U.S. Supreme Court decisions with extensive commentary dissects the Court's decisions on current "hot-button" national policy issues.
Read More

The State Court Perspective

Author: Michael Buenger,Paul J. De Muniz

Publisher: Edward Elgar Publishing

ISBN: 1783477903

Category: LAW

Page: 336

View: 8652

American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
Read More

Court Power and the Case for Restoring Popular Sovereignty in the United States

Author: William J. Watkins, Jr.

Publisher: McFarland

ISBN: 0786489987

Category: Political Science

Page: 223

View: 2044

"This study challenges American dogma about the court being the ultimate arbiter of constitutional issues, showing it instead supporting policy decisions being left to the people's elected representatives. It offers a combination of remedies--including term limits and popular selection of the Supreme Court--to return the people to their proper place in the constitutional order"--Provided by publisher.
Read More

A Study of Institutional Collapse

Author: S. Pompe

Publisher: SEAP Publications

ISBN: 9780877277385

Category: Political Science

Page: 494

View: 9475

Since the fall of Indonesian president Suharto, a major focus of the country's reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe analyzes the causes of the judiciary's failure over the last five decades. This study provides an essential background for those seeking to understand why legal reform has been so slow and frustrating in the post-1998 period.
Read More

Author: Benjamin Nathan Cardozo

Publisher: Yale University Press

ISBN: N.A

Category: Judges

Page: 180

View: 1682

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.
Read More

Author: Elizabeth Levy

Publisher: Scholastic Inc.

ISBN: 1338113577

Category: Juvenile Nonfiction

Page: 80

View: 7436

If you were there when they signed the Constitution you would see --Why the Constitution is called a miracle. --The first big argument. --What was missing from the Constitution. This books takes you behind the locked doors of Philadelphia's State House during the history-making summer of 1787. You will meet the key delegates and find out what is going on.
Read More