The Rise Of Modern Judicial Review
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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 | : Sylvia Snowiss |
Publisher | : Yale University Press |
Total Pages | : 252 |
Release | : 1990-01-01 |
Genre | : Law |
ISBN | : 9780300046656 |
In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
Author | : William Edward Nelson |
Publisher | : |
Total Pages | : 168 |
Release | : 2000 |
Genre | : Biography & Autobiography |
ISBN | : |
This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.
Author | : Christopher Wolfe |
Publisher | : Rowman & Littlefield |
Total Pages | : 472 |
Release | : 1994 |
Genre | : Law |
ISBN | : 9780822630265 |
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 | : Robert Lowry Clinton |
Publisher | : |
Total Pages | : 352 |
Release | : 1989 |
Genre | : Law |
ISBN | : |
Author | : John Agresto |
Publisher | : Cornell University Press |
Total Pages | : 184 |
Release | : 2016-10-15 |
Genre | : Law |
ISBN | : 1501712918 |
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.
Author | : Thomas M. Keck |
Publisher | : University of Chicago Press |
Total Pages | : 394 |
Release | : 2010-02-15 |
Genre | : Political Science |
ISBN | : 0226428869 |
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 | : Edward Lazarus |
Publisher | : Penguin Group |
Total Pages | : 596 |
Release | : 1999 |
Genre | : History |
ISBN | : |
The author of "Black Hills/White Justice" offers an inside look at the most secretive institution in the American government--the Supreme Court. of photos.
Author | : Swati Jhaveri |
Publisher | : Cambridge University Press |
Total Pages | : 447 |
Release | : 2021-03-18 |
Genre | : Law |
ISBN | : 1108481574 |
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Author | : James Macgregor Burns |
Publisher | : Penguin |
Total Pages | : 354 |
Release | : 2009-06-25 |
Genre | : Political Science |
ISBN | : 1101081902 |
From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.