Free shipping on orders over $99
The Authority of the Court and the Peril of Politics

The Authority of the Court and the Peril of Politics

by Stephen Breyer
Hardback
Publication Date: 29/10/2021

Share This Book:

RRP  $34.95

RRP means 'Recommended Retail Price' and is the price our supplier recommends to retailers that the product be offered for sale. It does not necessarily mean the product has been offered or sold at the RRP by us or anyone else.

$32.35
or 4 easy payments of $8.09 with
afterpay

A sitting justice reflects upon the authority of the Supreme Court-how that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it.

A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than "politicians in robes"-their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. As a result of this perceived crisis, and for the first time since the New Deal era, there is serious talk of court packing in the name of ideological balance.

Justice Stephen Breyer sounds a cautionary note. Mindful of the Court's history, he suggests that the judiciary's hard-won authority would be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, "no influence over either the sword or the purse," the Court earned its authority by dispensing impartial justice and thereby accumulating public trust. If public trust is now in decline, the solution is to promote better understanding of how the judiciary actually works: overwhelmingly, judges adhere to their oath to avoid considerations of politics and popularity. The peril facing the Supreme Court comes less from partisan judges than from citizens who, encouraged by politicians, equate impartial justice with agreeable judicial outcomes.

Breyer warns that public trust would be eroded by political intervention, dashing the authority of the Court. Without the public's trust, the Court would no longer be able to act as a check on the other branches of government and a guarantor of the rule of law, threatening the foundations of our constitutional system.

ISBN:
9780674269361
9780674269361
Category:
Courts & procedure
Format:
Hardback
Publication Date:
29-10-2021
Language:
English
Publisher:
Harvard University Press
Country of origin:
United States
Dimensions (mm):
169x112x15.43mm
Weight:
0.25kg

This title is in stock with our Australian supplier and should arrive at our Sydney warehouse within 2 - 3 weeks of you placing an order.

Once received into our warehouse we will despatch it to you with a Shipping Notification which includes online tracking.

Please check the estimated delivery times below for your region, for after your order is despatched from our warehouse:

ACT Metro: 2 working days
NSW Metro: 2 working days
NSW Rural: 2-3 working days
NSW Remote: 2-5 working days
NT Metro: 3-6 working days
NT Remote: 4-10 working days
QLD Metro: 2-4 working days
QLD Rural: 2-5 working days
QLD Remote: 2-7 working days
SA Metro: 2-5 working days
SA Rural: 3-6 working days
SA Remote: 3-7 working days
TAS Metro: 3-6 working days
TAS Rural: 3-6 working days
VIC Metro: 2-3 working days
VIC Rural: 2-4 working days
VIC Remote: 2-5 working days
WA Metro: 3-6 working days
WA Rural: 4-8 working days
WA Remote: 4-12 working days

Reviews

Be the first to review The Authority of the Court and the Peril of Politics.