Title: Against the imperial judiciary
First published: 1996
Description: Franck challenges three propositions central to current debates about the supreme Court's role in American life: that the Court has the final word in interpreting the Constitution above competing views from other government branches; that it may legitimately initiate actions to correct political or social dysfunctions left uncorrected by those branches; and that constitutional decisions may be grounded in natural law or a "higher law" located beyond the text of the Constitution.

Franck claims these erroneous propositions have allowed the Court's power to grow well beyond its constitutional mandate. He persuasively argues that a more accurate and responsible view of judicial power can be revived by reexamining the Framers' thought, the writings of liberal philosopher (especially Hobbes, Locke, and Blockstone), and the early opinions of the Supreme Court.
Subjects: United States, Political questions and judicial power, Constitutional law, United States. Supreme Court, Naturrecht, Verfassungsauslegung, USA Supreme Court, USA, United states, supreme court, Constitutional law, united states
Places: United States
LC classification: KF8748 .F647 1996