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In Defense of a Political Court - Terri Jennings Peretti

In Defense of a Political Court

Paperback Published: 18th November 2001
ISBN: 9780691007182
Number Of Pages: 384

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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 decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court.

Peretti asserts that politically motivated constitutional decisionmaking 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.

"A lively and original work... I found the book thought provoking, and ... I recommend it highly."--Thomas M. Keck, The Law and Politics Book Review

Acknowledgmentsp. ix
Introductionp. 3
The Failure of Contemporary Constitutional Theoryp. 9
Conventional Constitutional Theory: The Neutralist Approachp. 11
Constitutional Indeterminacy and Judicial Subjectivity: Critical Legal Studiesp. 36
The Skeptics and the Idea of Provisional Reviewp. 55
In Defense of a Political Courtp. 75
Introductionp. 77
The Virtues of Political Motive in Constitutional Decisionmaking: Political Representationp. 80
The Virtues of Political Motive in Constitutional Decisionmaking: A Constrained and Consensus-Seeking Courtp. 133
A Political Court and the "Crisis of Legitimacy"p. 161
Democratic Theory Revisitedp. 189
Whither the Court and Constitution?p. 226
Notesp. 255
Bibliographyp. 321
Table of Casesp. 359
Indexp. 361
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780691007182
ISBN-10: 0691007187
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 384
Published: 18th November 2001
Country of Publication: US
Dimensions (cm): 22.05 x 15.65  x 2.13
Weight (kg): 0.51