In defense of a political court / Terri Jennings Peretti.

Format:

Book

Author/Creator:

Peretti, Terri Jennings, 1956-

Language:

English

Subjects (All):

Judicial review--United States.

Judicial review.

United States.

Political questions and judicial power--United States.

Political questions and judicial power.

Constitutional law--United States.

Constitutional law.

Constitutional law--United States--Interpretation and construction.

Local Subjects:

Constitutional law--United States--Interpretation and construction.

Physical Description:

371 pages ; 23 cm

Place of Publication:

Princeton, N.J. : Princeton University Press, [1999]

Summary:

Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court.

Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decisionmaking does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.

In Defense of a Political Court marshals considerable empirical evidence regarding the courts and American democracy to support its provocative normative argument. In so doing, it bridges the gap between normative constitutional theorists and political scientists who study the courts.

Notes:

Includes bibliographical references (pages [321]-358) and index.

ISBN:

0691009058

OCLC:

40660183