Judicial Politics in Polarized Times - Hardcover

Keck, Thomas M.

Hardcover

ISBN 10: 022618238X ISBN 13: 9780226182384

Verlag: University of Chicago Press, 2014

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Críticas:

"This is a robust, measured, and ultimately very persuasive book that places judicial review in the United States in context, insisting-and providing compelling evidence to support-the conclusion that judicial review is neither savior nor threat. It is, instead, a vital and still-important cog in our government machinery. Judicial Politics in Polarized Times could not be more timely." (Gordon Silverstein, Yale Law School)"

Reseña del editor:

When the Supreme Court upheld the Affordable Care Act, some saw the decision as a textbook example of neutral judicial decision making, noting that a Republican Chief Justice joined the Court's Democratic appointees to uphold most provisions of the ACA. Others characterized the decision as the latest example of partisan justice and cited the actions of a bloc of the Court's Republican appointees, who voted to strike down the statute in its entirety. Still others argued that the ACA's fate ultimately hinged on the outcome of the 2012 election. These interpretations reflect larger stories about judicial politics that have emerged in polarized America. Are judges neutral legal umpires, unaccountable partisan activists, or political actors whose decisions conform to-rather than challenge-the democratic will? Thomas M. Keck argues that, despite judges' claims, legal decisions are not the politically neutral products of disembodied legal texts. But neither are judges "tyrants in robes," undermining democratic values by imposing their own preferences. Just as often, judges and the public seem to be pushing in the same direction. As for the argument that the courts are powerless institutions, Keck shows that their decisions have profound political effects. And, while advocates on both the left and right engage constantly in litigation to achieve their ends, neither side has consistently won. Ultimately, Keck argues, judges respond not simply as umpires, activists, or political actors, but in light of distinctive judicial values and practices.

Über diese Auflage

• Verlag: University of Chicago Press
• Erscheinungsdatum: 2014
• ISBN 10: 022618238X
• ISBN 13: 9780226182384
• Einband: Tapa dura
• Anzahl der Seiten: 352