The Political Question Doctrine and the Supreme Court of the United States PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Political Question Doctrine and the Supreme Court of the United States PDF full book. Access full book title The Political Question Doctrine and the Supreme Court of the United States by Nada Mourtada-Sabbah. Download full books in PDF and EPUB format.
Author: Nada Mourtada-Sabbah
Publisher: Lexington Books
ISBN: 9780739112830
Category : Law
Languages : en
Pages : 290
Get Book Here
Book Description
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: Nada Mourtada-Sabbah
Publisher: Lexington Books
ISBN: 9780739112830
Category : Law
Languages : en
Pages : 290
Get Book Here
Book Description
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: Nada Mourtada-Sabbah
Publisher: Lexington Books
ISBN: 0739159127
Category : Political Science
Languages : en
Pages : 282
Get Book Here
Book Description
The application of the Political Question Doctrine is at a crucial crossroads as the Supreme Court continues to test new 'War on Terrorism' initiatives. 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, the doctrine's many ambiguities have allowed a roughly defined juxtaposition of the branches of government during previous years when the Republic was concerned with both international matters and those within its continental confines. The Political Question Doctrine and the Supreme Court of the United States discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together critical essays that examine the broad issues of judicial involvement in politics and the future of the doctrine. With a wide range of historical and theoretical perspectives, this book will stimulate debate among those interested in political science and legal studies.
Author: Nada Mourtada-Sabbah
Publisher: Rowman & Littlefield
ISBN: 0739112848
Category : Political Science
Languages : en
Pages : 282
Get Book Here
Book Description
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: Shimon Shetreet
Publisher: BRILL
ISBN: 9004421556
Category : Law
Languages : en
Pages : 588
Get Book Here
Book Description
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Author: Jesse H. Choper
Publisher: Quid Pro Books
ISBN: 1610271718
Category : Political Science
Languages : en
Pages : 441
Get Book Here
Book Description
As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Author: Matthew P Hitt
Publisher: University of Michigan Press
ISBN: 0472131362
Category : Political Science
Languages : en
Pages : 235
Get Book Here
Book Description
The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.
Author: Charles L. Black, Jr.
Publisher: Yale University Press
ISBN: 0300238266
Category : Law
Languages : en
Pages : 182
Get Book Here
Book Description
Originally published at the height of the Watergate crisis, Charles Black's classic Impeachment: A Handbook has long been the premier guide to the subject of presidential impeachment. Now thoroughly updated with new chapters by Philip Bobbitt, it remains essential reading for every concerned citizen. Praise for Impeachment: "To understand impeachment, read this book. It shows how the rule of law limits power, even of the most powerful, and reminds us that the impact of the law on our lives ultimately depends on the conscience of the individual American."--Bill Bradley, former United States senator "The most important book ever written on presidential impeachment."--Lawfare "A model of how so serious an act of state should be approached."--Wall Street Journal "A citizen's guide to impeachment. . . . Elegantly written, lucid, intelligent, and comprehensive."--New York Times Book Review "The finest text on the subject I have ever read."--Ben Wittes
Author: William M. Wiecek
Publisher:
ISBN: 9781584775058
Category : Federal government
Languages : en
Pages : 0
Get Book Here
Book Description
Wiecek offers a comprehensive analysis of the origins and development of the clause in Article IV, Section 4 that guarantees a republican form of government to every state of the union. Chapters are devoted to rebellions against state or national authority, slavery and two pivotal cases: Luther v. Borden (1849) and Baker v. Carr (1962).
Author: Christopher Wolfe
Publisher: Rowman & Littlefield Publishers
ISBN: 1461645468
Category : Philosophy
Languages : en
Pages : 463
Get Book Here
Book Description
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:
Publisher:
ISBN:
Category :
Languages : en
Pages : 30
Get Book Here
Book Description
