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portada That Eminent Tribunal: Judicial Supremacy and the Constitution (in English)
Type
Physical Book
Year
2004
Language
English
Pages
256
Format
Paperback
ISBN
0691116687
ISBN13
9780691116686
Categories

That Eminent Tribunal: Judicial Supremacy and the Constitution (in English)

Christopher Wolfe (Author) · Princeton University Press · Paperback

That Eminent Tribunal: Judicial Supremacy and the Constitution (in English) - Christopher Wolfe

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Synopsis "That Eminent Tribunal: Judicial Supremacy and the Constitution (in English)"

The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process? That Eminent Tribunal brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power. They reach this conclusion by an interesting variety of paths, and despite varied political convictions. Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in Planned Parenthood v. Casey and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting and contend that the principles of republicanism and the contemporary form of judicial review exercised by the Supreme Court are fundamentally incompatible. The contributors include Hadley Arkes, Gerard V. Bradley, George Liebmann, Michael McConnell, Robert F. Nagel, Jack Wade Nowlin, Steven D. Smith, Jeremy Waldron, Keith E. Whittington, Christopher Wolfe, and Michael P. Zuckert.

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The book is written in English.
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