Will ignorance & partisan election of judges undermine public trust in the judiciary?
2008; American Academy of Arts and Sciences; Volume: 137; Issue: 4 Linguagem: Inglês
10.1162/daed.2008.137.4.11
ISSN1548-6192
AutoresKathleen Hall Jamieson, Bruce W. Hardy,
Tópico(s)Legal and Constitutional Studies
ResumoThe complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations. Disciplines Public Affairs, Public Policy and Public Administration | Social and Behavioral Sciences This journal article is available at ScholarlyCommons: http://repository.upenn.edu/asc_papers/277 The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain speci1⁄2ed exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would
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