Judicial Independence And The American Constitution

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Judicial Independence And The American Constitution

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Author : Martin H. Redish
language : en
Publisher: Stanford University Press
Release Date : 2017-03-21

Judicial Independence And The American Constitution written by Martin H. Redish and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-21 with Law categories.

The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch shielded from direct majoritarian political accountability to protect and enforce these constitutional limits. Paradoxically, only a counter-majoritarian judicial branch could ensure the continued vitality of our representational form of government. This important lesson of the paradox of American democracy has been challenged and often ignored by office holders and legal scholars. Judicial Independence and the American Constitution provocatively defends the centrality of these special protections of judicial independence. Martin H. Redish explains how the nation's system of counter-majoritarian constitutionalism cannot survive absent the vesting of final powers of constitutional interpretation and enforcement in the one branch of government expressly protected by the Constitution from direct political accountability: the judicial branch. He uncovers how the current framework of American constitutional law has been unwisely allowed to threaten or undermine these core precepts of judicial independence.

A Distinct Judicial Power

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Author : Scott Douglas Gerber
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-05-05

A Distinct Judicial Power written by Scott Douglas Gerber and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-05 with History categories.

This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.

Without Fear Or Favor

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Author : G. Alan Tarr
language : en
Publisher: Stanford University Press
Release Date : 2012-09-19

Without Fear Or Favor written by G. Alan Tarr and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-19 with Law categories.

The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning conceptions of judicial independence and accountability emerged, and when and how did conflict over them develop? In part, the analysis is theoretical: what is the proper understanding of judicial independence and accountability? Tarr concludes the book by identifying the challenges to state-level judicial independence and accountability that have emerged in recent decades, assessing the solutions offered by the competing sides, and offering proposals for how to strike the appropriate balance between independence and accountability.

The Limits Of Judicial Independence

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Author : Tom S. Clark
language : en
Publisher: Cambridge University Press
Release Date : 2010-11-22

The Limits Of Judicial Independence written by Tom S. Clark 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 2010-11-22 with Political Science categories.

This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.

American Judicial Power

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Author : Michael Buenger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27

American Judicial Power written by Michael Buenger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-27 with Law categories.

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.

Essentials Of The American Constitution

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Author : Charles H. Sheldon
language : en
Publisher: Routledge
Release Date : 2018-10-08

Essentials Of The American Constitution written by Charles H. Sheldon and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-08 with Political Science categories.

Constitutional politics is the continuing search for equilibrium between the grants of power and the limits placed on that power. The Essentials of the American Constitution examines the five closely integrated components which make up the fundamental law: the Compact, separation of powers, federalism, representation, and the Bill of Rights. It is the interaction between these components that gives the Constitution its dynamism. Landmark decisions handed down by the U.S. Supreme Court involve two or more of these components. This book’s unique approach shows how the components more often than not work together, one assisting another, one explaining another, or one reinforcing another. It gives a firm foundation for students wishing to take advanced courses in constitutional law or civil liberties and provides an overall view of the fundamental principle of the American Constitution.

A Mere Machine

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Author : Anna Harvey
language : en
Publisher: Yale University Press
Release Date : 2013-11-26

A Mere Machine written by Anna Harvey and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-26 with Political Science categories.

In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

When Courts And Congress Collide

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Author : Charles Gardner Geyh
language : en
Publisher: University of Michigan Press
Release Date : 2009-12-22

When Courts And Congress Collide written by Charles Gardner Geyh and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-22 with Law categories.

"This is quite simply the best study of judicial independence that I have ever read; it is erudite, historically aware, and politically astute." ---Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley "Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense." ---Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts. Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence. It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance. Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.

Institutions Of American Democracy The Judicial Branch

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Author : Kermit L. Hall
language : en
Publisher: OUP USA
Release Date : 2005-10-27

Institutions Of American Democracy The Judicial Branch written by Kermit L. Hall and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-27 with Law categories.

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.

The Politics Of Judicial Independence In The Uk S Changing Constitution

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Author : Graham Gee
language : en
Publisher: Cambridge University Press
Release Date : 2015-03-12

The Politics Of Judicial Independence In The Uk S Changing Constitution written by Graham Gee 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 2015-03-12 with Law categories.

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.