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The Limits of Judicial Independence

By: (Author) Tom S. Clark

Manufactured on Demand
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Ksh 5,350.00

Format: Paperback / Softback

ISBN-10: 0521135052

ISBN-13: 9780521135054

Series: Political Economy of Institutions and Decisions

Publisher: Cambridge University Press

Imprint: Cambridge University Press

Country of Manufacture: US

Country of Publication: GB

Publication Date: Nov 22nd, 2010

Print length: 356 Pages

Weight: 480 grams

Dimensions (height x width x thickness): 22.60 x 15.40 x 2.10 cms

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This book examines the relationship among the US Supreme Court, Congress, and the public. Contrasting most studies of Court-Congress relations in the United States, the book argues that the Court's primary concern is protecting its institutional legitimacy and securing compliance with its decisions.
This book investigates the causes and consequences of congressional attacks on the US 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, 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.

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