The Least Dangerous Branch
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The Least Dangerous Branch

Alexander M. Bickel

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  1. 306 pages
  2. English
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eBook - PDF

The Least Dangerous Branch

Alexander M. Bickel

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About This Book

This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way.  Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court’s power.  In this way he accomplishes his stated purpose: “to have the Supreme Court’s exercise of judicial review better understood and supported and more sagaciously used.”  The book now includes new foreword by Henry Wellington.

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Information

Publisher
Yale University Press
Year
1986
ISBN
9780300173338
Edition
1
Topic
Law
Subtopic
Law Theory & Practice
Index
Law
72
The
Least 
Dangerous 
Branch
leeway,
without
offense
to
principle. 
They
may
well
be 
for 
the
1960's
the
equivalent
of
segregated 
schooling
a
century 
ago. 
This
is
not 
to 
say
that
the
Supreme 
Court 
should 
legitimate
them—only
that
it
should 
leave
their
constitutionality
undecided.
Before
exam-
ining,
however,
the
jurisdictional
techniques
and
cognate 
devices
which
would 
enable
the
Court
to
achieve 
this 
result,
we
must
consider 
certain 
other 
approaches
to 
the
general 
problem
of 
the
nature
and
justification
of
judicial 
review.

Table of contents