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Pushing restraint
In: The national interest, Heft 64, S. 125-129
ISSN: 0884-9382
'After Victory: Institutions, Strategic Restraint and the Rebuilding of Order After Major Wars' by G. John Ikenberry is reviewed.
Undemocratic Restraint
For almost two hundred years, a basic tenet of American law has been that federal courts must generally exercise jurisdiction when they possess it. And yet, self-imposed prudential limits on judicial power have, at least until recently, roared on despite these pronouncements. The judicial branch's avowedly self-invented doctrines include some (though not all) aspects of standing, ripeness, abstention, and the political question doctrine. The Supreme Court recently, and unanimously, concluded that prudential limits are in severe tension with our system of representative democracy because they invite policy determinations from unelected judges. Even with these pronouncements, however, the Court has not eliminated any of these limits. Instead, the Court has recategorized some of these rules as matters of statutory or constitutional interpretation. This raises an important question: When the Court converts prudential limits into constitutional or statutory rules, do these conversions facilitate democracy? This Article argues that recategorizing prudential rules does little to facilitate representative democracy, and in particular, constitutionalizing prudential limits raises acute democratic concerns. Constitutionalizing jurisdictional limits reduces dialogue among the branches and exacerbates some of the most troubling aspects of countermajoritarian judicial supremacy. Further, constitutionalizing judicial prudence has and will make it more difficult for Congress to expand access to American courts for violations of federal rights and norms. When measured against newly constitutionalized limits on judicial power, American democracy is better served by self-imposed judicial restraint, guided by transparency and principle.
BASE
Reform and restraint
In: National civic review: promoting civic engagement and effective local governance for more than 100 years, Band 62, Heft 5, S. 236-247
ISSN: 1542-7811
Restraints on Commerce
In: American journal of international law: AJIL, Band 11, Heft S5, S. 42-51
ISSN: 2161-7953
Strategic Restraint
In: Endogenous Public Policy and Contests, S. 113-120
The case for restraint
In: The American interest: policy, politics & culture, Band 3, Heft 2, S. 6-32
ISSN: 1556-5777
World Affairs Online
German Restraint
In: New perspectives quarterly: NPQ, Band 17, Heft 1, S. 46-46
ISSN: 1540-5842
Vertical Restraints
In: Competition and Trade Policies; Routledge Studies in the Modern World Economy
Czech restraints
In: Index on censorship, Band 13, Heft 3, S. 43-43
ISSN: 1746-6067
Deputy for Restraint
In: Bulletin of the atomic scientists, Band 17, Heft 7, S. 272-273
ISSN: 1938-3282
Nuclear restraint
In: Strategic analysis: articles on current developments, Band 16, Heft 10, S. 1263-1276
ISSN: 0970-0161
World Affairs Online
Innovation and restraint
In: The Adelphi Papers, Band 10, Heft 65, S. 40-48
Lack of Restraint?
In: Public administration review: PAR, Band 28, Heft 3, S. 294
ISSN: 1540-6210