Titolo: A Mere Machine: The Supreme Court, Congress,...
Casa editrice: Yale University Press
Data di pubblicazione: 2014
Legatura: Soft cover
Condizione libro: Used
This Book is in Good Condition. Clean Copy With Light Amount of Wear. 100% Guaranteed. Summary: Reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings. Analyzing cross-national evidence, this book finds that the rights protections enjoyed in the United States appear to be largely due to the fact that they do not have an independent Supreme Court. Codice inventario libreria ABE_book_usedgood_0300205775
Riassunto: Introductory textbooks on American government tell us that the Supreme Court is independent from the elected branches, and that independent courts better protect rights than their more deferential counterparts. But are these facts, or myths? In this groundbreaking new work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings. Analyzing cross-national evidence, Harvey also finds that the rights protections enjoyed in the United States appear to be largely due to the fact that they do not have an independent Supreme Court. In fact, they would likely have even greater protections for political and economic rights, were they to prohibit federal courts from exercising judicial review altogether. Harvey's findings suggest that constitutional designers would be wise to heed Thomas Jefferson's advice to "Let mercy be the character of the law-giver, but let the judge be a mere machine".
Sinossi: In this groundbreaking book, Anna Harvey challenges the assumptions that America's Supreme Court is independent from the elected branches of government and that independent courts are most effective at protecting rights. "Using innovative analytic techniques, Anna Harvey offers a surprising argument, that the Supreme Court responds to changes in the partisan composition of the House of Representatives. Her extension of the argument to raise questions about the value of judicial independence and judicial review in established democracies is especially interesting."-Mark Tushnet, Harvard Law School "A rigorous examination of the role of the Supreme Court in the American system of checks and balances."-Jeffrey A. Segal, Stony Brook University
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Libreria AbeBooks dal: 7 maggio 2014
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