Judicial Review And American Democracy

Author : Albert P. Melone
Publisher : Beard Books
ISBN 13 : 1587982390
Total Pages : 2 pages
Book Rating : 4.92/5 ( download)

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Download or read book Judicial Review and American Democracy written by Albert P. Melone and published by Beard Books. This book was released on 2004-09 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an attempt to assess the Supreme Court's role in shaping constitutional law, this book examines the issues of whether judicial review is a usurpation of power and whether it is compatible with democratic theory.

Author : Albert P. Melone
Publisher : Iowa State Press
ISBN 13 :
Total Pages : 310 pages
Book Rating : 4.23/5 ( download)

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Download or read book Judicial Review and American Democracy written by Albert P. Melone and published by Iowa State Press. This book was released on 1988 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : John Hart Ely
Publisher : Harvard University Press
ISBN 13 : 0674263294
Total Pages : 281 pages
Book Rating : 4.91/5 ( download)

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Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 9780608001463
Total Pages : 303 pages
Book Rating : 4.65/5 ( download)

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Download or read book Judicial Review and American Democracy written by Albert P. Melone and published by . This book was released on 1988 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : John Agresto
Publisher : Cornell University Press
ISBN 13 : 1501712918
Total Pages : 184 pages
Book Rating : 4.13/5 ( download)

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Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Earl E. Pollock
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.75/5 ( download)

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Download or read book The Supreme Court and American Democracy written by Earl E. Pollock and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Anna Harvey
Publisher : Yale University Press
ISBN 13 : 0300171110
Total Pages : 385 pages
Book Rating : 4.12/5 ( download)

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Download or read book A Mere Machine written by Anna Harvey and published by Yale University Press. This book was released on 2013-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 9780791465561
Total Pages : 208 pages
Book Rating : 4.6X/5 ( download)

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Download or read book The Judiciary and American Democracy written by Kenneth D. Ward and published by SUNY Press. This book was released on 2006-06-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines recent debates in constitutional theory in light of the work of Alexander Bickel.

Author : Mathew Manweller
Publisher : Academica Press,LLC
ISBN 13 : 1930901976
Total Pages : 268 pages
Book Rating : 4.71/5 ( download)

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Download or read book The People Vs. the Courts written by Mathew Manweller and published by Academica Press,LLC. This book was released on 2005 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research monograph analyses and describes how initiative elites react to the high level of judicial review of their successfully passed ballot measures and why those reactions are failing to decrease the number of judicial nullifications. For the last 30 years, state ballot measures that have passed and been challenged in court have been nullified at the ration of 1 out of 2. As a result of a 50% rate of nullification initiative elites have benefited from institutional learning and have become more sophisticated and politically savvy. However the nullification have hardly plummeted. The work explains why and posits other legal and political actions that may be possible for the ballot winners and their supporters.

Author : Scott E. Lemieux
Publisher : Routledge
ISBN 13 : 1351602128
Total Pages : 296 pages
Book Rating : 4.29/5 ( download)

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Download or read book Judicial Review and Contemporary Democratic Theory written by Scott E. Lemieux and published by Routledge. This book was released on 2017-11-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.