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  3. The Limits of Judicial Independence
  • Cited by 46
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    • Publisher:
      Cambridge University Press
      Publication date:
      August 2012
      November 2010
      ISBN:
      9780511761867
      9780521194884
      9780521135054
      DOI:
      https://doi.org/10.1017/CBO9780511761867
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.65kg, 356 Pages
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.48kg, 356 Pages
      • Series:
      Political Economy of Institutions and Decisions
      Subjects:
      Area Studies, American Studies, American Government, Politics and Policy, Political Economy, Politics and International Relations
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    • Selected: Digital
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    Series:
    Political Economy of Institutions and Decisions
    Subjects:
    Area Studies, American Studies, American Government, Politics and Policy, Political Economy, Politics and International Relations
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    Book description

    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.

    Reviews

    '… the strength of [this] book lies in its recognition that judicial independence is ultimately as much about politicians as judges. Real world politics are at the heart of Clark's book, together with his recognition that many congressional practices, even those that lack any formal legal effect, hold profound significance for lawyers and judges. By drawing attention to what we might term 'the politics of judicial independence', this book is an important contribution to the regrettably still too thin literature on judicial independence.'

    Graham Gee Source: Public Law

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