Includes bibliographical references (pages 193-207) and index.
Contents
This peculiar obligation : the problem of state supreme courts as advisors -- Danger of grave abuses : attacks on the legitimacy of advisory opinions -- To create a power to refuse : the rise of a jurisprudence of advisory opinions -- Useful instrument of government : defending advisory opinions -- An offer that can't be refused : judicial review and the failed attempts to distinguish advice and decisions -- Advisory opinions and judicial supremacy : constitutionalism, a politicized judiciary, and the eclipse of civic debate.
Summary
The story of attempts to defend advisory authority, including several attempts to amend the U.S. Constitution to require the Supreme Court to issues them. It tells the story also of the uneasy relation between advisory opinions and judicial review as well as the expansion of judicial power.
Local Note
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America