|
Books > Law > Jurisprudence & general issues > Legal history
|
Buy Now
Repugnant Laws - Judicial Review of Acts of Congress from the Founding to the Present (Hardcover)
Loot Price: R1,536
Discovery Miles 15 360
|
|
|
Repugnant Laws - Judicial Review of Acts of Congress from the Founding to the Present (Hardcover)
Expected to ship within 12 - 19 working days
|
When the Supreme Court strikes down favored legislation,
politicians cry judicial activism. When the law is one politicians
oppose, the court is heroically righting a wrong. In our polarized
moment of partisan fervor, the Supreme Court's routine work of
judicial review is increasingly viewed through a political lens,
decried by one side or the other as judicial overreach, or
"legislating from the bench." But is this really the case? Keith E.
Whittington asks in Repugnant Laws, a first-of-its-kind history of
judicial review. A thorough examination of the record of judicial
review requires first a comprehensive inventory of relevant cases.
To this end, Whittington revises the extant catalog of cases in
which the court has struck down a federal statute and adds to this,
for the first time, a complete catalog of cases upholding laws of
Congress against constitutional challenges. With reference to this
inventory, Whittington is then able to offer a reassessment of the
prevalence of judicial review, an account of how the power of
judicial review has evolved over time, and a persuasive challenge
to the idea of an antidemocratic, heroic court. In this analysis,
it becomes apparent that that the court is political and often
partisan, operating as a political ally to dominant political
coalitions; vulnerable and largely unable to sustain consistent
opposition to the policy priorities of empowered political
majorities; and quasi-independent, actively exercising the power of
judicial review to pursue the justices' own priorities within
bounds of what is politically tolerable. The court, Repugnant Laws
suggests, is a political institution operating in a political
environment to advance controversial principles, often with the aid
of political leaders who sometimes encourage and generally tolerate
the judicial nullification of federal laws because it serves their
own interests to do so. In the midst of heated battles over
partisan and activist Supreme Court justices, Keith Whittington's
work reminds us that, for better or for worse, the court reflects
the politics of its time.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
|
You might also like..
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
(11)
