A01=Paul O. Carrese
Author_Paul O. Carrese
authority
blackstone
Category=JPH
Category=LAZ
constitutionalism
courts
democracy
due process
eq_bestseller
eq_isMigrated=1
eq_nobargain
eq_non-fiction
eq_society-politics
hamilton
history
individualism
judicial activism
judiciary
juries
jurisprudence
law
legal system
liberalism
lord mansfield
montesquieu
nonfiction
oliver wendell holmes jr
political science
power
reason
reform
separation powers
sovereignty
spirit of the laws
tocqueville
Product details
- ISBN 9780226094823
- Weight: 624g
- Dimensions: 16 x 24mm
- Publication Date: 01 Jun 2003
- Publisher: The University of Chicago Press
- Publication City/Country: US
- Product Form: Hardback
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How did the United States judiciary become so powerful - powerful enough that state and federal judges decided the 2000 presidential election? What consequences does this have for the law, constitutionalism and liberal democracy both in America and internationally. In "The Cloaking of Power", Paul O. Carrese provides a provocative and original analysis of the intellectual sources of today's most powerful judiciary. Carrese argues that Montesquieu, in his "Spirit of the Laws" was the first to articulate a new conception of the separation of powers and the need for a strong and active judiciary. He instructed statesmen and judges to "cloak power" by placing the robed power at the centre of politics, while concealing judges behind citizen juries and subtle reforms. Tracing Montesquieu's conception of judicial power through Blackstone, Hamilton and Tocqueville, Carrese shows how it led to the prominence of judges, courts and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr., and his jurisprudential revolution.
