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Written by one of the nation's most astute observers of the court, this classic text examines the theory, practice, and people behind the judicial process. The new seventh edition brings the work completely up to date by examining important developments and structural changes in these three judicial systems, up through the end of 1997, including judicial appointments during the Bush and Clinton administrations; significant alterations in the structure and organization of the United States, British, French, and other European courts, with an emphasis on the ongoing changes in the judiciary of the United Kingdom; and the collateral developments on the frontiers of judicial review procedures as well as the judicial role. At once comparative, expository, analytical, and evaluative, this new edition of The Judicial Process illuminates even more vividly the judiciary's political, legal, and governmental roles, examining closely that much debated but little understood line between "judicial activism" and "judicial restraint."

Tabla de contenidos provista por Syndetics

• 1 Introduction: The Law and The Courts
• The Nature of Law
• Common Law and Statutory Law
• Some Additional Legal Definitions and Concepts
• 2 Staffing the Courts
• Selection
• Tenure of Office
• Qualifications and Motivations: The United States
• "Packing the Court" and the Nominees' "Real" Politics
• On the Role of the United States Senate
• Qualifications and Experience: The Special Cases of England and France
• 3 Courts, Courtrooms, and Juries
• Types of Courts: Trial and Appellate
• Courtroom Procedure: General
• Vox Dei or Vox Populi in Action: The Juries
• Selection and Impaneling of Juries
• From Offense to Trial: A Procedural Note
• 4 Courts at Home: I--The Lesser Tribunals
• A Dual System of Courts
• The State Courts
• The Federal Courts
• 5 Courts at Home: II--The Supreme Court
• At the Zenith: The U.S. Supreme Court
• The U.S. Supreme Court at Work
• Behind Closed Doors
• Outside Influences on Court Personnel
• 6 Courts Abroad
• The Courts of England and Wales
• The Courts of France
• 7 Judicial Review: I--The Supreme Power
• Defining Judicial Review
• Judicial Review Board
• Judicial Review at Home
• 8 Judicial Review: II--Controversy and Limitations
• Judicial Review in a Democratic State: Saint or Sinner?
• Drawing the Line--Or Attempting to Do So
• Judges Limited: The Taught Tradition of the Law
• Other Limitations on Judicial Power and Effectiveness
• Machtkampf: The Supreme Court in the Political Power
• 9 Coda: A Realistic Bulwark
• The Sixteen Great Maxims of Judicial Self-Restraint
• The Bulwark
• Appendixes
• A Members of the Supreme Court of the United States
• B Table of Succession of the Justices of the Supreme Court of the United States
• Bibliographical
• Note Index