Political Questions Judicial Answers
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Author | : Thomas M. Franck |
Publisher | : Princeton University Press |
Total Pages | : 209 |
Release | : 2012-05-05 |
Genre | : Law |
ISBN | : 1400820731 |
Almost since the beginning of the republic, America's rigorous separation of powers among Executive, Legislative, and Judicial Branches has been umpired by the federal judiciary. It may seem surprising, then, that many otherwise ordinary cases are not decided in court even when they include allegations that the President, or Congress, has violated a law or the Constitution itself. Most of these orphan cases are shunned by the judiciary simply because they have foreign policy aspects. In refusing to address the issues involved, judges indicate that judicial review, like politics, should stop at the water's edge--and foreign policy managers find it convenient to agree! Thomas Franck, however, maintains that when courts invoke the "political question" doctrine to justify such reticence, they evade a constitutional duty. In his view, whether the government has acted constitutionally in sending men and women to die in foreign battles is just as appropriate an issue for a court to decide as whether property has been taken without due process. In this revisionist work, Franck proposes ways to subject the conduct of foreign policy to the rule of law without compromising either judicial integrity or the national interest. By examining the historical origins of the separation of powers in the American constitutional tradition, with comparative reference to the practices of judiciaries in other federal systems, he broadens and enriches discussions of an important national issue that has particular significance for critical debate about the "imperial presidency."
Author | : Adam Bonica |
Publisher | : Cambridge University Press |
Total Pages | : 335 |
Release | : 2020-12-17 |
Genre | : Law |
ISBN | : 1108841368 |
Presents a novel theory explaining how and why politicians and lawyers politicise courts.
Author | : James L. Gibson |
Publisher | : University of Chicago Press |
Total Pages | : 240 |
Release | : 2012-09-20 |
Genre | : Law |
ISBN | : 0226291073 |
"In Electing Judges, James L. Gibson responds to the growing chorus of critics who fear that the politics of running for office undermine judicial independence. While many people have opinions on the topic, few have supported them with empirical evidence. Gibson rectifies this situation, offering the most systematic study to date of the impact of campaigns on public perceptions of fairness, impartiality, and the legitimacy of elected state courts-and his findings are both counterintuitive and controversial"--Page [four] of cover.
Author | : Keith Bybee |
Publisher | : Stanford Law Books |
Total Pages | : 194 |
Release | : 2010-08-24 |
Genre | : Law |
ISBN | : |
Comparing law to the American practice of common courtesy, this book explains how our courts not only survive under conditions of suspected hypocrisy, but actually depend on these conditions to function.
Author | : Nada Mourtada-Sabbah |
Publisher | : Lexington Books |
Total Pages | : 290 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9780739112830 |
Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, this book discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Christopher Wolfe |
Publisher | : Rowman & Littlefield Publishers |
Total Pages | : 463 |
Release | : 1994-03-29 |
Genre | : Philosophy |
ISBN | : 1461645468 |
This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Author | : Glen Krutz |
Publisher | : |
Total Pages | : 0 |
Release | : 2023-05-12 |
Genre | : |
ISBN | : 9781738998470 |
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Author | : Stephen B Burbank |
Publisher | : SAGE |
Total Pages | : 308 |
Release | : 2002-04-02 |
Genre | : Law |
ISBN | : 9780761926573 |
This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.
Author | : American Bar Association |
Publisher | : American Bar Association |
Total Pages | : 212 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318393 |