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Author: Albert P. Melone
Publisher: Iowa State Press
ISBN:
Category : Law
Languages : en
Pages : 310
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Book Description
Author: Albert P. Melone
Publisher: Iowa State Press
ISBN:
Category : Law
Languages : en
Pages : 310
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Book Description
Author: John Hart Ely
Publisher: Harvard University Press
ISBN: 0674263294
Category : Law
Languages : en
Pages : 281
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Book Description
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author: Albert P. Melone
Publisher:
ISBN: 9780608001463
Category :
Languages : en
Pages : 303
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Book Description
Author: Earl E. Pollock
Publisher:
ISBN:
Category : Civil right
Languages : en
Pages : 0
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Book Description
Author: David G. Barnum
Publisher: Forge Books
ISBN: 9780312061067
Category : Law
Languages : en
Pages : 348
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Book Description
Written expressly for a student audience, this core text has a non-ideological theme - the tension between the Supreme Court's power of judicial review and the democratic, majoritarian features of American government. This allows the reader to examine the place of the Court in the broader context of American society and the American system of democratic self-government. Seven case studies show constitutional litigation in action.
Author: Kermit L. Hall
Publisher: OUP USA
ISBN: 0195171721
Category : Law
Languages : en
Pages : 610
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Book Description
Presents a collection of essays that provide an examination of the judicial branch of the American government, including its history, its imapct, and its future.
Author: Kermit L. Hall
Publisher: Oxford University Press
ISBN: 0199883742
Category : Political Science
Languages : en
Pages : 611
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Book Description
In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.
Author: Anna Harvey
Publisher: Yale University Press
ISBN: 0300171110
Category : Political Science
Languages : en
Pages : 385
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Book Description
In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.
Author: Kenneth D. Ward
Publisher: SUNY Press
ISBN: 9780791465561
Category : Political Science
Languages : en
Pages : 208
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Book Description
Examines recent debates in constitutional theory in light of the work of Alexander Bickel.
Author: Eugene Victor Rostow
Publisher:
ISBN:
Category : Judicial review
Languages : en
Pages : 36
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Book Description
