Search Results

Rationing the Constitution

Download or Read eBook Rationing the Constitution PDF written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle.
Rationing the Constitution
Author :
Publisher : Harvard University Press
Total Pages : 281
Release :
ISBN-10 : 9780674986954
ISBN-13 : 0674986954
Rating : 4/5 (54 Downloads)

Book Synopsis Rationing the Constitution by : Andrew Coan

Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.


Rationing the Constitution Related Books

Rationing the Constitution
Language: en
Pages: 281
Authors: Andrew Coan
Categories: Law
Type: BOOK - Published: 2019-04-29 - Publisher: Harvard University Press

DOWNLOAD EBOOK

In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law an
The Rationing of Justice
Language: en
Pages: 378
Authors: Arnold S. Trebach
Categories: Criminal investigation
Type: BOOK - Published: 1964 - Publisher:

DOWNLOAD EBOOK

A People's Constitution
Language: en
Pages: 308
Authors: Rohit De
Categories: History
Type: BOOK - Published: 2020-08-04 - Publisher: Princeton University Press

DOWNLOAD EBOOK

It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater
Judicial Independence and the Rationing of Constitutional Remedies
Language: en
Pages: 60
Authors: Aziz Z. Huq
Categories: Constitutional law
Type: BOOK - Published: 2015 - Publisher:

DOWNLOAD EBOOK

This Article analyzes the doctrinal instruments federal courts use to allocate scarce adjudicative resources over competing demands for constitutional remedies.
The Calculus of Consent
Language: en
Pages: 388
Authors: James M. Buchanan
Categories: Decision-making
Type: BOOK - Published: 1965 - Publisher: University of Michigan Press

DOWNLOAD EBOOK

A scientific study of the political and economic factors influencing democratic decision making
Scroll to top