Supreme Court Activism and Restraint
Title | Supreme Court Activism and Restraint PDF eBook |
Author | Stephen C. Halpern |
Publisher | Free Press |
Pages | 456 |
Release | 1982 |
Genre | Political Science |
ISBN |
The Supreme Court in American Politics
Title | The Supreme Court in American Politics PDF eBook |
Author | David F. Forte |
Publisher | |
Pages | 118 |
Release | 1972 |
Genre | Law |
ISBN |
The Most Activist Supreme Court in History
Title | The Most Activist Supreme Court in History PDF eBook |
Author | Thomas M. Keck |
Publisher | University of Chicago Press |
Pages | 394 |
Release | 2010-02-15 |
Genre | Political Science |
ISBN | 0226428869 |
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Judicial Activism in Bangladesh
Title | Judicial Activism in Bangladesh PDF eBook |
Author | Ridwanul Hoque |
Publisher | Cambridge Scholars Publishing |
Pages | 395 |
Release | 2011-01-18 |
Genre | Law |
ISBN | 144382822X |
This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
David's Hammer
Title | David's Hammer PDF eBook |
Author | Clint Bolick |
Publisher | Cato Institute |
Pages | 208 |
Release | 2007 |
Genre | Law |
ISBN | 1933995025 |
Judicial activism is condemned by both right and left, for good reason: lawless courts are a threat to republican government. But challenging conventional wisdom, constitutional litigator Clint Bolick argues in Davids Hammer that far worse is a judiciary that allows the other branches of government to run roughshod over precious liberties. That, Bolick demonstrates, is exactly the role the framers intended the courts to play, envisioning a judiciary deferential to proper democratic governance but bold in defense of freedom. But the historical record is painfully uneven. During the Warren era.
The Myth of Judicial Activism
Title | The Myth of Judicial Activism PDF eBook |
Author | Kermit Roosevelt |
Publisher | Yale University Press |
Pages | 272 |
Release | 2008-01-01 |
Genre | Law |
ISBN | 0300129564 |
Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Principled Judicial Restraint: A Case Against Activism
Title | Principled Judicial Restraint: A Case Against Activism PDF eBook |
Author | Jerold Waltman |
Publisher | Springer |
Pages | 126 |
Release | 2015-06-12 |
Genre | Political Science |
ISBN | 1137486961 |
Like many books, this one argues for a more restrained Supreme Court. Unlike most other books, however, this one grounds that call in a fully elaborated constitutional theory that goes beyond the "counter-majoritarian difficulty."