American Politicians Confront the Court: Opposition Politics and Changing Responses to Judicial Power

ISBN: 9780521153980 出版年：2011 页码：408 Engel Cambridge University Press

1. Introduction: had Americans 'stopped understanding about the three branches'? Part I. Political Development and Elected-Branch Relations with the Judiciary: 2. Beyond the countermajoritarian difficulty 3. A developmental theory of political manipulation of judicial power Part II. Hostility to Judicial Authority and the Political Idiom of Civic Republicanism: 4. In the cause of unified governance: undermining the court in an anti-party age 5. Party against partisanship: single-party constitutionalism and the quest for regime unity 6. 'As party exigencies require': republicanism, loyal opposition, and the emerging legitimacy of multiple constitutional visions Part III. Harnessing Judicial Power and the Political Idiom of Liberal Pluralism: 7. Clashing progressive solutions to the problem of judicial authority 8. In a polity fully-developed for harnessing (I): living constitutionalism and the policization of judicial appointment 9. In a polity fully-developed for harnessing (II): a conservative insurgency and a self-styled majoritarian court responds 10. Conclusion: on the 'return' of opposition illegitimacy and the prospects for new development.