Against The Imperial Judiciary
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Against The Imperial Judiciary
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Author : Matthew J. Franck
language : en
Publisher:
Release Date : 1996
Against The Imperial Judiciary written by Matthew J. Franck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
"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.
The Myth Of The Imperial Judiciary
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Author : Mark Kozlowski
language : en
Publisher: NYU Press
Release Date : 2006-01-01
The Myth Of The Imperial Judiciary written by Mark Kozlowski and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.
An Imperial Judiciary
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Author : Abram Chayes
language : en
Publisher: American Enterprise Institute Press
Release Date : 1979
An Imperial Judiciary written by Abram Chayes and has been published by American Enterprise Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.
How To Dethrone The Imperial Judiciary
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Author : Edwin Vieira
language : en
Publisher: Vision Forum
Release Date : 2004
How To Dethrone The Imperial Judiciary written by Edwin Vieira and has been published by Vision Forum this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Constitutional law categories.
The most important constitutional issues of this generation concern the meaning of the rule of law and the ability of the people to enforce true law by restraining runaway activist judges. For decades, such judges have been simply making up law. What is worse, liberal and conservative lawmakers have been reinforcing such behavior by treating such rulings as if they are legitimate. Today, one in every three Americans have been killed by abortion simply because a handful of unelected officials said it was acceptable for these Americans to be killed. But issues like abortion and homosexual marriages can be resolved immediately, without special constitutional amendments, if we will simply avail ourselves of the measures given to us by our Founding Fathers to hold renegade and lawless judges accountable for their behavior. In this brilliant, accessible, and documented work, Dr. Edwin Vieira offers us the best researched and clearest overview to date of the power of the people to control a runaway judiciary. Author: Dr. Edwin Vieira Format: Paperback (328 pages)
American Indian Sovereignty And The U S Supreme Court
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Author : David E. Wilkins
language : en
Publisher: University of Texas Press
Release Date : 2010-01-01
American Indian Sovereignty And The U S Supreme Court written by David E. Wilkins and has been published by University of Texas Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Social Science categories.
"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
Modernisation National Identity And Legal Instrumentalism Vol Ii Public Law
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Author :
language : en
Publisher: BRILL
Release Date : 2019-12-16
Modernisation National Identity And Legal Instrumentalism Vol Ii Public Law written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-16 with Law categories.
This book, one of two volumes, is an anthology that analyses, through selected examples, the role played in the development of public law by the pursuit of goals serving modernisation or national ideologies in various countries, cultural spheres, and periods.
God And Man In The Law
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Author : Robert Lowry Clinton
language : en
Publisher:
Release Date : 1997
God And Man In The Law written by Robert Lowry Clinton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.
To Save The People From Themselves
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Author : Robert J. Steinfeld
language : en
Publisher: Cambridge University Press
Release Date : 2021-09-30
To Save The People From Themselves written by Robert J. Steinfeld and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with History categories.
A far-reaching re-interpretation of the origins of American judicial review.
The Brethren
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Author : Bob Woodward
language : en
Publisher: Simon and Schuster
Release Date : 2011-05-31
The Brethren written by Bob Woodward and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-31 with Political Science categories.
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
Courts
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Author : Martin Shapiro
language : en
Publisher: University of Chicago Press
Release Date : 2013-11-15
Courts written by Martin Shapiro and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-15 with Law categories.
In this provocative work, Martin Shapiro proposes an original model for the study of courts, one that emphasizes the different modes of decision making and the multiple political roles that characterize the functioning of courts in different political systems.