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The Limits of Judicial Independence Tom S. Clark (Emory University, Atlanta)

The Limits of Judicial Independence By Tom S. Clark (Emory University, Atlanta)

The Limits of Judicial Independence by Tom S. Clark (Emory University, Atlanta)


Summary

This book examines the relationship among the US Supreme Court, Congress, and the public. Contrasting most studies of Court-Congress relations in the United States, the book argues that the Court's primary concern is protecting its institutional legitimacy and securing compliance with its decisions.

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The Limits of Judicial Independence Summary

The Limits of Judicial Independence by Tom S. Clark (Emory University, Atlanta)

This book investigates the causes and consequences of congressional attacks on the US 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.

The Limits of Judicial Independence Reviews

'... the strength of [this] book lies in its recognition that judicial independence is ultimately as much about politicians as judges. Real world politics are at the heart of Clark's book, together with his recognition that many congressional practices, even those that lack any formal legal effect, hold profound significance for lawyers and judges. By drawing attention to what we might term 'the politics of judicial independence', this book is an important contribution to the regrettably still too thin literature on judicial independence.' Graham Gee, Public Law

About Tom S. Clark (Emory University, Atlanta)

Tom S. Clark is Assistant Professor of Political Science at Emory University. His research interests include American judicial institutions and the interaction between courts and other political actors. His research has been published in numerous journals, including the American Journal of Political Science, the Journal of Politics, the Journal of Law, Economics and Organization, and the Journal of Theoretical Politics. His dissertation, on which this book is based, was awarded the 2009 Carl Albert Award for the Best Dissertation from the Legislative Studies Section of the American Political Science Association. Clark received his Ph.D. and MA from Princeton University and BA from Rutgers University.

Table of 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.

Additional information

CIN0521135052G
9780521135054
0521135052
The Limits of Judicial Independence by Tom S. Clark (Emory University, Atlanta)
Used - Good
Paperback
Cambridge University Press
2010-11-22
356
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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