Research Catalog

The limits of judicial independence

Title
The limits of judicial independence / Tom S. Clark.
Author
Clark, Thomas S., 1980-
Publication
Cambridge ; New York : Cambridge University Press, 2011.

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StatusFormatAccessCall NumberItem Location
TextUse in library KF8775 .C58 2011Off-site

Details

Description
xvii, 334 p. : ill.; 24 cm.
Summary
"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, as well as existing research, 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. This evidence demonstrates that Court-curbing is driven primarily by public opposition to the Court, and that the Court responds to those proposals by engaging in self-restraint and moderating its decisions"--
Series Statement
Political economy of institutions and decisions
Uniform Title
Political economy of institutions and decisions
Subject
  • United States. Supreme Court > Public opinion
  • United States. Supreme Court > History
  • United States. Supreme Court
  • USA Supreme Court
  • Judicial independence > United States
  • Judgments > United States > Public opinion
  • Judicial independence
  • Public opinion
  • Richter
  • Unabhängigkeit
  • Öffentliche Meinung
  • United States
  • USA
Genre/Form
History.
Bibliography (note)
  • Includes bibliographical references (p. 299-312) and index.
Contents
Introduction -- A political history of court-curbing -- Conditional self-restraint -- Court-curbing and the electoral connection -- Public support and judicial review -- Ideological implications of court-curbing -- The limits of judicial independence.
ISBN
  • 9780521194884
  • 0521194881
  • 9780521135054
  • 0521135052
LCCN
2010012780
OCLC
  • ocn586134648
  • 586134648
  • SCSB-1583767
Owning Institutions
Princeton University Library