Judicial Restraint In America PDF Download
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Author | : Evan Tsen Lee |
Publisher | : Oxford University Press, USA |
Total Pages | : 247 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0195340345 |
Download Judicial Restraint in America Book in PDF, ePub and Kindle
This traces the cultural, social, and intellectual forces that shaped the contours of judicial restraint from the time of John Marshall, through the Warren Court, and up to the present.
Author | : David F. Forte |
Publisher | : |
Total Pages | : 118 |
Release | : 1972 |
Genre | : Law |
ISBN | : |
Download The Supreme Court in American Politics Book in PDF, ePub and Kindle
Author | : Melvin I. Urofsky |
Publisher | : Twayne Publishers |
Total Pages | : 264 |
Release | : 1991 |
Genre | : Biography & Autobiography |
ISBN | : |
Download Felix Frankfurter Book in PDF, ePub and Kindle
Examination of the work, life, & thought of an influential Supreme Court judge. Contains detailed chronology.
Author | : Kermit Roosevelt |
Publisher | : Yale University Press |
Total Pages | : 272 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 0300129564 |
Download The Myth of Judicial Activism Book in PDF, ePub and Kindle
Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Author | : Jerold Waltman |
Publisher | : Springer |
Total Pages | : 126 |
Release | : 2015-06-12 |
Genre | : Political Science |
ISBN | : 1137486961 |
Download Principled Judicial Restraint: A Case Against Activism Book in PDF, ePub and Kindle
Like many books, this one argues for a more restrained Supreme Court. Unlike most other books, however, this one grounds that call in a fully elaborated constitutional theory that goes beyond the "counter-majoritarian difficulty."
Author | : Thomas M. Keck |
Publisher | : University of Chicago Press |
Total Pages | : 394 |
Release | : 2010-02-15 |
Genre | : Political Science |
ISBN | : 0226428869 |
Download The Most Activist Supreme Court in History Book in PDF, ePub and Kindle
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Author | : Stefanie Lindqquist |
Publisher | : Oxford University Press |
Total Pages | : 189 |
Release | : 2009-04-23 |
Genre | : Law |
ISBN | : 0195370856 |
Download Measuring Judicial Activism Book in PDF, ePub and Kindle
'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Author | : Howard Sherain |
Publisher | : |
Total Pages | : 300 |
Release | : 1969 |
Genre | : Judges |
ISBN | : |
Download The United States Supreme Court: Studies in Judicial Self-restraint Book in PDF, ePub and Kindle
Author | : Stephen C. Halpern |
Publisher | : Free Press |
Total Pages | : 456 |
Release | : 1982 |
Genre | : Political Science |
ISBN | : |
Download Supreme Court Activism and Restraint Book in PDF, ePub and Kindle
Author | : Aharon Barak |
Publisher | : Princeton University Press |
Total Pages | : 355 |
Release | : 2009-01-10 |
Genre | : Law |
ISBN | : 1400827043 |
Download The Judge in a Democracy Book in PDF, ePub and Kindle
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.