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The Limits of Judicial Independence

Administrative / Constitutional Law

The Limits of Judicial Independence

Name: The Limits of Judicial Independence
Brand: Cambridge University Press
SKU: 9780521135054
Price: 340.34 HKD
Availability: OutOfStock
Author: Tom S. Clark
ISBN: 9780521135054

By Tom S. Clark

Cambridge University Press January 2011

Specifications

ISBN-13: 9780521135054
Publisher: Cambridge University Press
Publication: January 2011
Format: Paperback
Jurisdiction: U.S. ? Countri(es) for reference only

Details

This book investigates the causes and consequences of congressional attacks on the U.S. 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.

Contents:: 1. Introduction; 2. A political history of Court-curbing; 3. Conditional self-restraint; 4. Court-curbing and the electoral connection; 5. Public support and judicial review; 6. Ideological implications of Court-curbing; 7. The limits of judicial independence.