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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.
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In: Endogenous Public Policy and Contests, S. 113-120
In: New perspectives quarterly: NPQ, Band 17, Heft 1, S. 46-46
ISSN: 1540-5842
In: Competition and Trade Policies; Routledge Studies in the Modern World Economy
In: Index on censorship, Band 13, Heft 3, S. 43-43
ISSN: 1746-6067
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In: Children & young people now, Band 2019, Heft 8, S. 42-42
ISSN: 2515-7582
Coram Children's Legal Centre explores new guidance on restraint and restrictive interventions for children with SEND
The conservative legal movement has long stood simultaneously for originalism and judicial restraint. But in the past few years, the tension between a commitment to interpreting the Constitution as its authors intended and deferring to the will of legislators and the executive has become painfully clear. Does originalism demand judicial restraint, or is the Constitution undermined by such restraint?
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In: Cambridge studies in international relations, 151
The first comprehensive examination of restraint in international politics, considered across a range of psychological, social, political, and institutional contexts as a political process, device, and strategy. Surveying how restraint has been understood in international relations and political theory, with focus given to Aristotle and Machiavelli, Steele utilises Carl Jung's theories of complexes and the libido to broaden the conceptual definition of restraint as a phenomenon that is not only individual and inward-looking, but also relational and societal. Exploring its development, uses, expressions and challenges through history and in contemporary times, this book analyses the politics of restraint in processes of security, political economy, foreign policy and global public health. Situating restraint alongside similar concepts such as moderation, containment, and constraint, Steele asks against what, and from what, are we restraining ourselves, who authorizes restraint, and what are the risks and rewards (both ethical and practical). Steele concludes with a balanced political and normative argument for restraint going forward.
In: Cambridge studies in international relations 151
The first comprehensive examination of restraint in international politics, considered across a range of psychological, social, political, and institutional contexts as a political process, device, and strategy. Surveying how restraint has been understood in international relations and political theory, with focus given to Aristotle and Machiavelli, Steele utilises Carl Jung's theories of complexes and the libido to broaden the conceptual definition of restraint as a phenomenon that is not only individual and inward-looking, but also relational and societal. Exploring its development, uses, expressions and challenges through history and in contemporary times, this book analyses the politics of restraint in processes of security, political economy, foreign policy and global public health. Situating restraint alongside similar concepts such as moderation, containment, and constraint, Steele asks against what, and from what, are we restraining ourselves, who authorizes restraint, and what are the risks and rewards (both ethical and practical). Steele concludes with a balanced political and normative argument for restraint going forward.
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Working paper
In: The journal of political philosophy, Band 8, Heft 3, S. 401-407
ISSN: 1467-9760
THOMAS NAGEL has argued that 'true liberalism' excludes appeals to conceptions of the good in political argument. According to Nagel, liberalism's impartiality is grounded not in skepticism but, rather, in its commitment to 'epistemological restraint.' As he puts it, 'We accept a kind of epistemological division between the private and the public domains: in certain contexts I am constrained to consider my beliefs merely as beliefs rather than as truths, however convinced I may be that they are true, and that I know it.' Nagel's notion of epistemological restraint has been roundly criticized by perfectionist liberals and advocates of liberal neutrality alike. In fact, even Nagel has come to reject the epistemological argument—in part, because of the epistemological asymmetry that it presupposes. In this paper, I offer an answer to Nagel's critics, one that makes the notion of epistemological asymmetry coherent. In so doing, I show how to defend liberal neutrality without embracing skepticism. I structure the paper in the following way: Section II lays out the critique of epistemological restraint; Section III defends the coherence of this notion; and Section IV considers an objection to the analysis developed in Section III.
In: Liquid blackness, Band 7, Heft 2, S. 112-126
ISSN: 2692-3874
Abstract
Sampada Aranke and Ayanah Moor dialogue on the myriad ways Moor intervenes upon art histories of abstraction in her studio practice. This conversation leads to threads and themes in her practice that open up avenues for rethinking liminality, suspension, and ongoingness that are central to this issue of liquid blackness. Moor calls her method "social abstraction," by reconsidering how abstraction, a practice mis-categorized as one that transcends identity, might be precisely the form for centering black subjectivity. Moor is invested in the racial and gendered aspects that might be latent in abstract practices; where, for example, collage does and does not serve as an operation for encountering black interior or romantic space. Throughout her work, there is a careful attention to restraint as a method of protection, precision, and engagement. Moor's enactment of the processual and suspended logics of form as an aesthetic and social process resonate in the worlds of her paintings as they also leap beyond the panel itself. It's almost as if Moor is allowing her viewer to relish in and embrace the unfixity of a shape, the emergence of a figure, the suspension of a line, as a way to embrace the ongoingness of their own becoming.
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