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United States. Supreme Court

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United States. Supreme Court

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O'Connor, Sandra Day --- United States. Supreme Court

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When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.

Conservatism --- Law --- Law and politics --- Political aspects. --- Rehnquist, William H., --- Rehnquist, Bill, --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- United States. Supreme Court --- Rehnquist, William Hubbs --- United States --- activism, courtroom, historical, contemporary, laws, legal, legality, lawyer, conservative, politics, political, federal, judiciary, 1980s, history, rights, precedents, warren, restraint, progress, liberal, 1930s, 1940s, 1950s, 1960s, 1970s, 1990s, 2000s, modern, justices, o connor, kennedy, reagan, president, presidential, nixon, rehnquist.

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Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy. Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice. Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The ECJ hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the ECJ reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the ECJ towards generating legitimacy by adopting a somewhat more transparent argumentative approach.

Judicial process --- Processus judiciaire --- France. --- United States. --- Court of Justice of the European Communities. --- -Judicial process --- -347.012094 --- Me1 --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Law --- Procedure (Law) --- Psychological aspects --- Interpretation and construction --- France. -- Cour de cassation. --- Judicial process -- European Union countries. --- Judicial process -- France. --- Judicial process -- United States. --- United States. -- Supreme Court. --- Law, General & Comparative --- Law - Europe, except U.K. --- Law - Non-U.S. --- Law, Politics & Government --- Judicial assistance. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- Judicial assistance --- Civil procedure --- Criminal procedure --- Judgments, Foreign --- Cour de justice des communautés européennes --- Gerichtshof der Europäischen Gemeinschaften --- Corte di giustizia delle comunità europee --- Dikastērion tēs Europaikēs Oikonomikēs Koinotētos --- Hof van Justitie van de Europese Gemeenschappen --- Tribunal de Justicia de las Comunidades Europeas --- GHEG --- European Atomic Energy Community. --- European Economic Community. --- European Court of Justice --- Europäischer Gerichtshof --- Curtea de Justiție a Comunităților Europene --- Ōshū Shihō Saibansho --- G.H.E.G. --- Tribunal de Justiça das Comunidades Europeias --- Sud evropeĭskikh soobshchestv --- Avrupa Toplulukları Adalet Divanı --- Tribunal de Justiça das Comunidades --- Curia Communitatum Europaearum --- Eurōpaiko Dikastērio --- Dikastērio Eurōpaikōn Koinotētōn --- DEK --- EuGH --- ECJ --- D.E.K. --- Europejski Trybunał Sprawiedliwości --- ETS --- Dikastērio tōn Eurōpaikōn Koinotētōn --- CEJ --- European Union. --- European Coal and Steel Community. --- Court of Justice of the European Union --- 美國. --- Court of Justice of the European Communities --- Európai Bíróság --- Judicial process - European Union countries --- Judicial process - France --- Judicial process - United States --- DROIT JUDICIAIRE COMPARE --- Cour suprême --- COMMON LAW --- COUR DE CASSATION --- Cour de justice des Communautés européennes --- Etats-Unis --- FRANCE --- question préjudicielle