The Judicial Branch

Front Cover
Kermit L. Hall, Kevin T. McGuire
Oxford University Press, 2005 - Political Science - 579 pages
In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform.
The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution?
Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.
 

What people are saying - Write a review

LibraryThing Review

User Review  - KirkLowery - LibraryThing

While dry at times, with a definite liberal political point of view, it is an excellent summary of the judicial system and the political and legal issues facing it. There is also an excellent historical overview as well. Read full review

Contents

The Changing Role of the United States
32
Judicial Independence and the Majoritarian Difficulty
60
The Judiciary and the Separation of Powers Richard A Brisbin Jr
89
Have the Courts
116
JuristocraticWorld Joel B Grossman
142
Is Judicial Federalism Essential to Democracy? State Courts
174
A Comparative Perspective
200
Courts in American Popular Culture Lynn Mather
233
Judicial Activism and American Democracy Doris Marie Provine
313
Courts and the Rights Revolution Charles R Epp
343
The Role
375
The Judiciary and the Political
401
Courts and the Definition of Defendants Rights David A Yalof
432
Public Education Democratic Life and the American Courts
459
Property Rights and Democracy in the American Constitutional
487
Courts and Democracy
517

What Americans Know about the Courts and Why It Matters
262
The Impact of Courts on American Life Gerald N Rosenberg
280

Other editions - View all

Common terms and phrases

About the author (2005)

Kermit L. Hall is President of the State University of New York, Albany. Kevin T. McGuire is Associate Professor of Political Science at the University of North Carolina-Chapel Hill.

Bibliographic information