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Is Judicial Review a Likely Tool to Curb Human Rights Abuse? Two Hundred Years of Practice in the U.S. Supreme Court

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Abstract:

Universally, the power of judcial review is posited to be a substantial factor in the protection of human rights, particularly during periods of crisis or instability. However, empirically, the expectation that the courts exercising the power of judicial review would serve as guarantors of individual human rights has not materialized as predicted. And it is this failure that brings me back to the experience of the originator of this model, the United States Supreme Court. Despite the Court’s two-hundred years of experience exercising the power of judicial review political scientists have not tested systematically the question of whether in fact this power has been exercised primarily to support civil rights and civil liberties of against incursions by the majority-elected branches of government. In this paper I examine the U.S. Supreme Court’s exercise of judicial review of congressional statutes over the Court’s two-hundred year history since Marbury v. Madison (1803) first established this power, and test empirically whether the exercise of the power to nullify or uphold congressional statutes, has been used to support or curb civil rights and civil liberties. I also examine trends across time and decision making patterns of the individual justices, and I discuss the implications of the U.S. experience in regard to the global expectations of this power.

Most Common Document Word Stems:

right (139), court (107), judici (79), review (78), case (62), constitut (62), protect (51), support (38), suprem (34), freedom (32), congression (29), individu (29), power (28), claim (26), congress (25), statut (23), justic (22), state (22), year (21), human (19), 2005 (19),

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U.S. Supreme Court, judicial review, human rights, judicial independence, constitutionalism
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Name: American Political Science Association
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MLA Citation:

"Is Judicial Review a Likely Tool to Curb Human Rights Abuse? Two Hundred Years of Practice in the U.S. Supreme Court" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC, Sep 01, 2005 <Not Available>. 2008-12-12 <http://www.allacademic.com/meta/p41901_index.html>

APA Citation:

, 2005-09-01 "Is Judicial Review a Likely Tool to Curb Human Rights Abuse? Two Hundred Years of Practice in the U.S. Supreme Court" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC Online <PDF>. 2008-12-12 from http://www.allacademic.com/meta/p41901_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Universally, the power of judcial review is posited to be a substantial factor in the protection of human rights, particularly during periods of crisis or instability. However, empirically, the expectation that the courts exercising the power of judicial review would serve as guarantors of individual human rights has not materialized as predicted. And it is this failure that brings me back to the experience of the originator of this model, the United States Supreme Court. Despite the Court’s two-hundred years of experience exercising the power of judicial review political scientists have not tested systematically the question of whether in fact this power has been exercised primarily to support civil rights and civil liberties of against incursions by the majority-elected branches of government. In this paper I examine the U.S. Supreme Court’s exercise of judicial review of congressional statutes over the Court’s two-hundred year history since Marbury v. Madison (1803) first established this power, and test empirically whether the exercise of the power to nullify or uphold congressional statutes, has been used to support or curb civil rights and civil liberties. I also examine trends across time and decision making patterns of the individual justices, and I discuss the implications of the U.S. experience in regard to the global expectations of this power.

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Associated Document Available Political Research Online

Document Type: PDF
Page count: 19
Word count: 6376
Text sample:
Is Judicial Review a Likely Tool to Curb Human Rights Abuse?: An Empirical Assessment of the U.S. Supreme Court's Exercise of This Power Over Two Centuries Paper prepared for presentation at the Annual Meeting of the American Political Science Association Washington D.C. September 1-4 2005. APSA 2005_07/29/2005 1 Introduction Many observers note that we have entered into an age of constitutionalism where people all over the world are turning to the courts and the process of constitutional review to
October and only represents three months of the calendar year it is rather problematic to say that those three months represent the entire year. 3 Since Spaeth’s dataset covers the 1946 term rather than the year 1946 his dataset only included three months of 1946 so I have read and coded the entire year of 1946 myself. 4 The key word searches included such phrases as unconstitutional and Congress Congress and constitutional or constitution Congress and power act and


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The United States Supreme Court and Judicial Review of Congress 1803-2001


 
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