Institutions of American Democracy: The Judicial Branch by Kermit L. HallInstitutions of American Democracy: The Judicial Branch by Kermit L. Hall

Institutions of American Democracy: The Judicial Branch

EditorKermit L. Hall, Kevin T. Mcguire

Hardcover | September 9, 2005

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In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential tonurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, anddiscusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting theConstitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americansknow about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.
Kermit L. Hall is at State University of New York, Albany. Kevin T. McGuire is at University of North Carolina-Chapel Hill.
Title:Institutions of American Democracy: The Judicial BranchFormat:HardcoverDimensions:624 pages, 6.5 × 9.21 × 2.01 inPublished:September 9, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195171721

ISBN - 13:9780195171723


Table of Contents

DIRECTORY OF CONTRIBUTORSJaroslav Pelikan: GENERAL INTRODUCTION: The Judicial Branch as an Institution of American Constitutional DemocracyKermit L. Hall and Kevin T. McGuire: INTRODUCTIONSECTION I: CONSTITUTIONAL MOMENTS, JUDICIAL LEADERSHIP, AND THE EVOLUTION OF DEMOCRACY1. William E. Nelson: The Historical Foundations of the American Judiciary2. Cass R. Sunstein: Judges and Democracy: The Changing Role of the United States Supreme Court3. Judicial Independence and the Majoritarian Difficulty: SECTION II: COURTS IN THE CONSTITUTIONAL SYSTEM4. Richard A. Brisbin, Jr.: The Judiciary and the Separation of Powers5. Keith E. Whittington: Judicial Review and Interpretation: Have the Courts Become Sovereign When Interpreting the Constitution?6. Joel B. Grossman: Paths to the Bench: Selecting Supreme Court Justices in a "Juristocratic" World7. Paul R. Brace and Melinda Gann Hall: Is Judicial Federalism Essential to Democracy? State Courts in the Federal System8. Donald P. Kommers: American Courts and Democracy: A Comparative PerspectiveSECTION III: COURTS, CULTURES, AND PUBLICS9. Lynn Mather: Courts in American Popular Culture10. Gregory A. Caldeira and Kevin T. McGuire: What Americans Know about the Courts and Why It Matters11. Gerald N. Rosenberg: The Impact of Courts on American Life12. Doris Marie Provine: Judicial Activism and American DemocracySECTION IV: RIGHTS, LIBERTIES, AND DEMOCRACY13. Charles R. Epp: Courts and the Rights Revolution14. Sue Davis: Discrimination Through Direct Democracy: The Role of the Judiciary in the Pursuit of Equality15. Mark A. Graber: From Republic to Democracy: The Judiciary and the Political Process16. David A. Yalof: Courts and the Definition of Defendants' Rights17. Douglas S. Reed: Public Education, Democratic Life, and the American CourtsSECTION V: PROPERTY RIGHTS18. James W. Ely, Jr.: Property Rights and Democracy in the American Constitutional OrderSECTION VI: WHITHER THE JUDICIARY AND AMERICAN DEMOCRACY?19. Lawrence Baum: The Future of the Judicial Branch: Courts and Democracy in the Twenty-First CenturyINDEX