The Myth of the Imperial Judiciary
Why the Right is Wrong about the Courts
Seiten
2003
New York University Press (Verlag)
978-0-8147-4775-9 (ISBN)
New York University Press (Verlag)
978-0-8147-4775-9 (ISBN)
Featuring a foreword by Anthony Lewis, this book evaluates the role of the court system in our democracy and considers the claims that it has become too powerful.
Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented.
Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity.
The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals.
Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.
Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented.
Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity.
The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals.
Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.
Mark Kozlowski is Associate Counsel at the Brennan Center for Justice at NYU School of Law, with a Ph.D. in Political Science. He writes about issues of judicial independence on behalf of the Center. His work has appeared in publications such as The New York Times, Boston Herald, and Legal Times, and he is recognized by leading media nationwide as an expert on the judiciary. Anthony Lewis is a former editorial columnist for the New York Times.
1 The Imperial Judiciary and Its Malcontents2 The Constitution and the Judiciary3 The Judiciary in History4 The Judiciary and the Extent of Rights5 The Judiciary and the Politics of Rights6 The Judiciary and the Polity
Erscheint lt. Verlag | 10.2.2003 |
---|---|
Vorwort | Anthony Lewis |
Verlagsort | New York |
Sprache | englisch |
Maße | 153 x 229 mm |
Themenwelt | Recht / Steuern ► Allgemeines / Lexika |
Recht / Steuern ► EU / Internationales Recht | |
Sozialwissenschaften ► Politik / Verwaltung ► Politische Systeme | |
Sozialwissenschaften ► Politik / Verwaltung ► Politische Theorie | |
ISBN-10 | 0-8147-4775-2 / 0814747752 |
ISBN-13 | 978-0-8147-4775-9 / 9780814747759 |
Zustand | Neuware |
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