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Books > Social sciences > Politics & government > Central government
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The Cult Of The Court (Paperback)
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The Cult Of The Court (Paperback)
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In recent years widespread attention has been focused on decisions
handed down by the Supreme Court that grapple with passionate
issues: integration, school prayer, abortion, affirmative action.
The appointment of new justices is a highly charged political event
although the Court is supposed to be "above" politics. Amidst the
bicentennial celebration of the Constitution and almost daily
reports of major confrontations awaiting the highest court's
judicial review, John Brigham presents a fresh and innovative
examination of the U.S. Supreme Court as the final arbiter of
constitutional interpretation. Drawing on philosophy and
anthropology, The Cult of the Court offers a social scientific
investigation of an institution whose authority has come to be
taken for granted. The author emphasizes that the Court is an
institution and that its authority is founded less in the claim of
legal expertise than in hierarchical finality--the assertion of
political will, not of legal judgment. He shows how the Court has
supplanted the Constitution as the authority in our political world
and that what makes legal "sense" is affected by these factors of
institutionalization, bureaucratization, and court-dominated
constitutionalism.
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