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The Politics of Judicial Legitimation

Permanent Link: http://ncf.sobek.ufl.edu/NCFE003348/00001

Material Information

Title: The Politics of Judicial Legitimation The Powers and motivations of the Supreme Court Reconsidered
Physical Description: Book
Language: English
Creator: Burns, Casey James
Publisher: New College of Florida
Place of Publication: Sarasota, Fla.
Creation Date: 2004
Publication Date: 2004

Subjects

Subjects / Keywords: American Government
Supreme Court
Legitimacy
Genre: bibliography   ( marcgt )
theses   ( marcgt )
government publication (state, provincial, terriorial, dependent)   ( marcgt )
born-digital   ( sobekcm )
Electronic Thesis or Dissertation

Notes

Abstract: The Supreme Court is constitutionally devoid of the power to create and enforce laws yet, at times, seems to have a prominent role in both processes. Preservation of these extra-constitutional powers is essential to maintaining the influence of the Court and its justices, vis-a-vis the other branches of government. Judicial power is derived not only from the Court's evolved position within the government, but also from the Court's symbolic stature. The role of institutional legitimacy, understood here as the foundation of the Court's extra-constitutional powers, has been undertheorized in studies of the Court's decision-making process. This thesis argues that members of the Court modify their decisions in accordance to the preferences of the executive and legislative branches when the legitimacy of the Court is threatened. This claim is substantiated by a study of the institutional context in which the Court operates and a historical examination of Supreme Court decisions made during times of institutional crisis. From this analysis, it becomes clear that institutional legitimacy is always an important consideration in the Court's decision making process, even during the least politically charged circumstances.
Statement of Responsibility: by Casey James Burns
Thesis: Thesis (B.A.) -- New College of Florida, 2004
Electronic Access: RESTRICTED TO NCF STUDENTS, STAFF, FACULTY, AND ON-CAMPUS USE
Bibliography: Includes bibliographical references.
Source of Description: This bibliographic record is available under the Creative Commons CC0 public domain dedication. The New College of Florida, as creator of this bibliographic record, has waived all rights to it worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.
Local: Faculty Sponsor: Lewis, Eugene

Record Information

Source Institution: New College of Florida
Holding Location: New College of Florida
Rights Management: Applicable rights reserved.
Classification: local - S.T. 2004 B96
System ID: NCFE003348:00001

Permanent Link: http://ncf.sobek.ufl.edu/NCFE003348/00001

Material Information

Title: The Politics of Judicial Legitimation The Powers and motivations of the Supreme Court Reconsidered
Physical Description: Book
Language: English
Creator: Burns, Casey James
Publisher: New College of Florida
Place of Publication: Sarasota, Fla.
Creation Date: 2004
Publication Date: 2004

Subjects

Subjects / Keywords: American Government
Supreme Court
Legitimacy
Genre: bibliography   ( marcgt )
theses   ( marcgt )
government publication (state, provincial, terriorial, dependent)   ( marcgt )
born-digital   ( sobekcm )
Electronic Thesis or Dissertation

Notes

Abstract: The Supreme Court is constitutionally devoid of the power to create and enforce laws yet, at times, seems to have a prominent role in both processes. Preservation of these extra-constitutional powers is essential to maintaining the influence of the Court and its justices, vis-a-vis the other branches of government. Judicial power is derived not only from the Court's evolved position within the government, but also from the Court's symbolic stature. The role of institutional legitimacy, understood here as the foundation of the Court's extra-constitutional powers, has been undertheorized in studies of the Court's decision-making process. This thesis argues that members of the Court modify their decisions in accordance to the preferences of the executive and legislative branches when the legitimacy of the Court is threatened. This claim is substantiated by a study of the institutional context in which the Court operates and a historical examination of Supreme Court decisions made during times of institutional crisis. From this analysis, it becomes clear that institutional legitimacy is always an important consideration in the Court's decision making process, even during the least politically charged circumstances.
Statement of Responsibility: by Casey James Burns
Thesis: Thesis (B.A.) -- New College of Florida, 2004
Electronic Access: RESTRICTED TO NCF STUDENTS, STAFF, FACULTY, AND ON-CAMPUS USE
Bibliography: Includes bibliographical references.
Source of Description: This bibliographic record is available under the Creative Commons CC0 public domain dedication. The New College of Florida, as creator of this bibliographic record, has waived all rights to it worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.
Local: Faculty Sponsor: Lewis, Eugene

Record Information

Source Institution: New College of Florida
Holding Location: New College of Florida
Rights Management: Applicable rights reserved.
Classification: local - S.T. 2004 B96
System ID: NCFE003348:00001

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