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Author: Abram Chayes
Publisher: American Enterprise Institute Press
ISBN:
Category : Law
Languages : en
Pages : 52
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Book Description
Author: Matthew J. Franck
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
"Franck's reexamination of the place of natural law in the early Supreme Court is fresh, illuminating, and long overdue. His scholarship is incisive and profound; and the exegeses of early Supreme Court opinions are often brilliant". -- Robert L. Clinton, author of Marbury v. Madison and Judicial Review.
Author: Abram Chayes
Publisher: American Enterprise Institute Press
ISBN:
Category : Law
Languages : en
Pages : 52
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Book Description
Author: Mark Kozlowski
Publisher: NYU Press
ISBN: 0814749291
Category : Law
Languages : en
Pages : 309
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Book Description
Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.
Author: Nathan Glazer
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 123
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Author: Stephen C. Halpern
Publisher:
ISBN:
Category :
Languages : en
Pages : 27
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Book Description
Author: Edwin Vieira
Publisher: Vision Forum
ISBN: 9780975526415
Category : Constitutional law
Languages : en
Pages : 0
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Book Description
The most important constitutional issues of this generation concern the meaning of the rule of law and the ability of the people to enforce true law by restraining runaway activist judges. For decades, such judges have been simply making up law. What is worse, liberal and conservative lawmakers have been reinforcing such behavior by treating such rulings as if they are legitimate. Today, one in every three Americans have been killed by abortion simply because a handful of unelected officials said it was acceptable for these Americans to be killed. But issues like abortion and homosexual marriages can be resolved immediately, without special constitutional amendments, if we will simply avail ourselves of the measures given to us by our Founding Fathers to hold renegade and lawless judges accountable for their behavior. In this brilliant, accessible, and documented work, Dr. Edwin Vieira offers us the best researched and clearest overview to date of the power of the people to control a runaway judiciary. Author: Dr. Edwin Vieira Format: Paperback (328 pages)
Author:
Publisher:
ISBN:
Category : Courts
Languages : en
Pages :
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Author: Bonny Ibhawoh
Publisher: Oxford University Press, USA
ISBN: 0199664846
Category : History
Languages : en
Pages : 226
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Book Description
This is a vital study of the motivations of the British Imperial Appeal Courts and the tensions between the demands of imperial law and justice and those of African law and custom. Examining the central role of the Privy Council and the Courts, it reveals the impact of the colonized peoples in shaping the processes and outcomes of imperial justice.
Author: David E. Wilkins
Publisher: University of Texas Press
ISBN: 9780292791091
Category : Social Science
Languages : en
Pages : 426
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Book Description
Himself a Lumbee Indian and political scientist, David E. Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. These case studies--and their implications for all minority groups--are important and timely in the context of American government re-examining and redefining itself.
Author: Daniel Patrick Moynihan
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 20
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Book Description
