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.

Political questions and judicial power--United States.

Political questions and judicial power.

Constitutional law--United States.

Constitutional law.

Physical Description:

1 online resource (381 p.)

Edition:

Course Book

Place of Publication:

Princeton, N.J. : Princeton University Press, c1999.

Language Note:

English

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 decision making. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decision making 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 decision making 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.

Contents:

Front matter

CONTENTS

ACKNOWLEDGMENTS

Introduction

PART I. The Failure of Contemporary Constitutional Theory

PART II. In Defense of a Political Court 75 Introduction

NOTES

BIBLIOGRAPHY

TABLE OF CASES

INDEX

Notes:

Description based upon print version of record.

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

ISBN:

9786612753916

9781400806140

1400806143

9781400823352

1400823358

9781282753914

1282753916

9781400812967

1400812968

OCLC:

700688667