A Mere Machine: The Supreme Court, Congress, and American Democracy (Hardback)
  • A Mere Machine: The Supreme Court, Congress, and American Democracy (Hardback)
zoom

A Mere Machine: The Supreme Court, Congress, and American Democracy (Hardback)

(author)
£42.00
Hardback 384 Pages / Published: 03/01/2014
  • We can order this

Usually dispatched within 1 week

  • This item has been added to your basket
Introductory textbooks on American government tell us that the Supreme Court is independent from the elected branches and that independent courts better protect rights than their more deferential counterparts. But are these facts or myths? In this groundbreaking new work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings. Analyzing cross-national evidence, Harvey also finds that the rights protections we enjoy in the United States appear to be largely due to the fact that we do not have an independent Supreme Court. In fact, we would likely have even greater protections for political and economic rights were we to prohibit our federal courts from exercising judicial review altogether. Harvey's findings suggest that constitutional designers would be wise to heed Thomas Jefferson's advice to "let mercy be the character of the law-giver, but let the judge be a mere machine."

Publisher: Yale University Press
ISBN: 9780300171112
Number of pages: 384
Weight: 680 g
Dimensions: 235 x 156 x 25 mm


MEDIA REVIEWS
"Using innovative analytic techniques, Anna Harvey offers a surprising argument, that the Supreme Court responds to changes in the partisan composition of the House of Representatives. Her extension of the argument to raise questions about the value of judicial independence and judicial review in established democracies is especially interesting."-Mark Tushnet, Harvard Law School -- Mark Tushnet
"A rigorous examination of the role of the Supreme Court in the American system of checks and balances."-Jeffrey A. Segal, SUNY Distinguished Professor, Chair, Department of Political Science, Stony Brook University -- Jeffrey Segal

"There is no scholar whose work on judicial independence is more provocative or demands greater attention than Anna Harvey. Professor Harvey's empirical finding that the U.S. Supreme Court is responsive to the preferences of the House of Representatives poses a profound challenge to the conventional wisdom about both judicial independence and the Supreme Court. This conclusion is documented at length with painstaking methodological rigor and transparency. In particular, her strategy of drawing inferences from what she terms the "missing docket," or the cases that the Court declines to hear, is instructive and groundbreaking. This book ought to be a must-read for constitutional scholars, law and courts scholars, judicial politics scholars, and public law scholars alike." - David Law, Professor of Law and Professor of Political Science, Washington University in St. Louis

-- David Law

You may also be interested in...

From Dictatorship to Democracy
Added to basket
Patterns of Democracy
Added to basket
The Confidence Trap
Added to basket
Post-Democracy
Added to basket
£12.99
Paperback
Democracy in America
Added to basket
Debates on Democratization
Added to basket
The Life and Death of Democracy
Added to basket
The Last Vote
Added to basket
£9.99
Paperback
The Democratic Paradox
Added to basket
The Athenian Constitution
Added to basket
Democracy and Development in Africa
Added to basket
Flatpack Democracy
Added to basket
On Democracy
Added to basket
£12.99
Paperback
The American Senate
Added to basket
£14.99
Paperback

Reviews

Please sign in to write a review

Your review has been submitted successfully.