Research Catalog

Title

The limits of judicial independence / Tom S. Clark.

Author

Clark, Thomas S., 1980-

Publication

Cambridge ; New York : Cambridge University Press, 2011.

Items in the Library & Off-site

Details

Description

xvii, 334 p. : ill.; 24 cm.

Summary

"This book investigates the causes and consequences of congressional attacks on the U.S. 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, as well as existing research, 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. This evidence demonstrates that Court-curbing is driven primarily by public opposition to the Court, and that the Court responds to those proposals by engaging in self-restraint and moderating its decisions"--

Series Statement

Political economy of institutions and decisions

Uniform Title

Political economy of institutions and decisions

Subjects

• United States
• USA
• History
• United States > Supreme Court > History
• United States > Supreme Court > Public opinion
• USA > Supreme Court
• Judgments > United States > Public opinion
• Judicial independence > United States
• Öffentliche Meinung
• Unabhängigkeit
• Richter
• Public opinion

Genre/Form

History.

Bibliography (note)

• Includes bibliographical references (p. 299-312) and index.

Contents

Introduction -- A political history of court-curbing -- Conditional self-restraint -- Court-curbing and the electoral connection -- Public support and judicial review -- Ideological implications of court-curbing -- The limits of judicial independence.

ISBN

• 9780521194884
• 0521194881
• 9780521135054
• 0521135052

LCCN

2010012780

OCLC

• ocn586134648
• 586134648
• SCSB-1583767

Owning Institutions

Princeton University Library