Principled Judicial Restraint: A Case Against Activism

Name: Principled Judicial Restraint: A Case Against Activism
Brand: Palgrave Macmillan
SKU: 9781137490650
Price: 1254.50 HKD
Availability: InStock
Author: Jerold Waltman
ISBN: 9781137490650

By Jerold Waltman

Palgrave Macmillan July 2015

Specifications

ISBN-13: 9781137490650
Publisher: Palgrave Macmillan
Publication: July 2015
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Many Americans believe that judicial activism is standard procedure on the modern Supreme Court. Political scientist Jerold Waltman asserts that justices routinely call for restraint when they disagree with specific majority decisions, but they then blithely abandon that position when it suits their purposes.

Such calls for restraint are therefore unprincipled. In response, many people have argued that the Court should adopt a more restrained posture across the board, usually appealing to one of two ideas: the inherently undemocratic character of the Supreme Court or the likelihood that the Court is damaging its legitimacy by wading into so many controversial political issues.

This book contends that what is sorely needed is a revised-actually a resurrected-constitutional theory that will delegitimize activism, or at least most of it, whether of the liberal or conservative variety.

1. Where We Are Now

2. How We Got Here

Part 1: From the Old Activism to the Warren Court

3. How We Got Here

Part 2: The Rise of Conservative Judicial Activism

4. A Constitutional Theory of Judicial Restraint

5. Objections

6. Conclusion

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