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Vol 21 No 10 Oct/Nov 2016

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The Limits of Judicial Independence


ISBN13: 9780521135054
Published: January 2011
Publisher: Cambridge University Press
Country of Publication: USA
Format: Paperback
Price: £21.99



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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.

Subjects:
Other Jurisdictions , USA
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.