The Limits Of Judicial Power

Author : William Lasser
Publisher : UNC Press Books
ISBN 13 : 1469632462
Total Pages : 368 pages
Book Rating : 4.69/5 ( download)

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Download or read book The Limits of Judicial Power written by William Lasser and published by UNC Press Books. This book was released on 2017-10-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Author : Prof William Lasser
Publisher :
ISBN 13 : 9780807862773
Total Pages : pages
Book Rating : 4.70/5 ( download)

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Download or read book The Limits of Judicial Power written by Prof William Lasser and published by . This book was released on 1988-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Tom S. Clark
Publisher : Cambridge University Press
ISBN 13 : 1139492314
Total Pages : 357 pages
Book Rating : 4.17/5 ( download)

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Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.

Author : William Lasser
Publisher :
ISBN 13 : 9780608086002
Total Pages : 366 pages
Book Rating : 4.02/5 ( download)

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Download or read book The Limits of Judicial Power written by William Lasser and published by . This book was released on with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Author : Emory Washburn
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.XE/5 ( download)

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Download or read book Limitations of Judicial Power written by Emory Washburn and published by . This book was released on 1875 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Gary L. McDowell
Publisher :
ISBN 13 : 9780783786988
Total Pages : 230 pages
Book Rating : 4.80/5 ( download)

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Download or read book Curbing the Courts written by Gary L. McDowell and published by . This book was released on 1988 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Gary L. McDowell
Publisher :
ISBN 13 : 9780807113394
Total Pages : 214 pages
Book Rating : 4.95/5 ( download)

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Download or read book Curbing the Courts written by Gary L. McDowell and published by . This book was released on 1988-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Michael Buenger
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477903
Total Pages : 336 pages
Book Rating : 4.06/5 ( download)

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Download or read book American Judicial Power written by Michael Buenger and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.

Author : Rainer Arnold
Publisher : Springer
ISBN 13 : 3319551868
Total Pages : 446 pages
Book Rating : 4.69/5 ( download)

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Download or read book Rule of Law, Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Author : John V. Orth
Publisher : Oxford University Press
ISBN 13 : 0195364856
Total Pages : 248 pages
Book Rating : 4.59/5 ( download)

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Download or read book The Judicial Power of the United States written by John V. Orth and published by Oxford University Press. This book was released on 1987-01-22 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction. Here, Orth reconstructs the fascinating but obscure history of the Eleventh Amendment--the labyrinth of legal doctrine, the economic motives and consequences, the political context, and the legacy of the past--over the last two centuries. Using quotes from Wordsworth, Shaw, Mark Twain, Margaret Mitchell, and other writers to clarify and invigorate his narrative, Orth finally makes accessible an important but complex slice of constitutional history.