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The Authority of the Court and the Peril of Politics (Hardcover)
Loot Price: R427
Discovery Miles 4 270
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The Authority of the Court and the Peril of Politics (Hardcover)
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Loot Price R427
Discovery Miles 4 270
Expected to ship within 12 - 17 working days
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A sitting justice reflects upon the authority of the Supreme
Court-how that authority was gained and how measures to restructure
the Court could undermine both the Court and the constitutional
system of checks and balances that depends on it. A growing chorus
of officials and commentators argues that the Supreme Court has
become too political. On this view the confirmation process is just
an exercise in partisan agenda-setting, and the jurists are no more
than "politicians in robes"-their ostensibly neutral judicial
philosophies mere camouflage for conservative or liberal
convictions. Stephen Breyer, drawing upon his experience as a
Supreme Court justice, sounds a cautionary note. Mindful of the
Court's history, he suggests that the judiciary's hard-won
authority could be marred by reforms premised on the assumption of
ideological bias. Having, as Hamilton observed, "no influence over
either the sword or the purse," the Court earned its authority by
making decisions that have, over time, increased the public's
trust. If public trust is now in decline, one part of the solution
is to promote better understandings of how the judiciary actually
works: how judges adhere to their oaths and how they try to avoid
considerations of politics and popularity. Breyer warns that
political intervention could itself further erode public trust.
Without the public's trust, the Court would no longer be able to
act as a check on the other branches of government or as a
guarantor of the rule of law, risking serious harm to our
constitutional system.
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