The Least Dangerous Branch: The Supreme Court at the Bar of PoliticsYale University Press, 1986 M01 1 - 303 páginas "The concept of "The Least Dangerous Branch: the Supreme Court at the Bar of Politics" is something of a departure from all recent literature on the Supreme Court. The book attempts to state and substantiate a conception of the Supreme Court of the United States that is consistent with the theory and practice of political democracy. The author focuses on the Court's complex relationship with the nation's political institutions, in the context not only of what are conventionally regarded as great Constitutional cases, but also of jurisdictional and other adjudications that are usually ignored. Detailed treatment is given to cases concerned with film censorship, anti-birth-control legislation, Congressional investigations, loyalty and security dismissals, legislative apportionment, and segregation." |
Contenido
CHAPTER 1 Establishment and General Justification of Judicial Review | 1 |
CHAPTER 2 The Premise of Distrust and Rules of Limitation | 34 |
CHAPTER 3 The Infirm Glory of the Positive Hour | 73 |
CHAPTER 4 The Passive Virtues | 111 |
CHAPTER 5 Neither Force nor Will | 199 |
CHAPTER 6 The Supreme Court at the Bar of Politics | 244 |
NOTES | 273 |
291 | |
295 | |
Otras ediciones - Ver todas
The Least Dangerous Branch: The Supreme Court at the Bar of Politics Alexander M. Bickel Vista previa limitada - 1986 |
The Least Dangerous Branch: The Supreme Court at the Bar of Politics Alexander M. Bickel Sin vista previa disponible - 1962 |
The Least Dangerous Branch: The Supreme Court at the Bar of Politics Alexander M. Bickel Sin vista previa disponible - 1962 |
Términos y frases comunes
action administrative Amendment American answer apply Ashwander authority Bill of Rights Brandeis certiorari Chapter Chicago ciple Colegrove colloquy Commerce Clause Congress congressional constitutional adjudication constitutionality course criminal decide decision declare delegation democracy devices dissent doctrine doubt Due Process effect electoral enactment enforce exercise expediency fact federal courts Film Fourteenth Amendment Framers Frankfurter Freund function Harvard Law Review issue Judge Hand judgment judicial power judicial review judiciary jurisdiction jury Justice Black Justice Byrnes legislative legislature limits Lincoln litigation Madison majority Marbury Marshall matter means ment merely moral motive Negro opinion perhaps political institutions power of judicial practice President prior restraints problem Professor prosecution purpose question reason responsibility ripeness Rumely School Segregation society statute strict-constructionist supra Supremacy Clause Supreme Court sure Thayer Thayer's rule tion tive ultimate unconstitutional United University Press vagueness vote Watkins Wechsler Yale Law Journal Yick Wo York