A doubtful and perilous experiment : advisory opinions, state constitutions, and judicial supremacy

Type

Book

Authors

Topf, Mel A.

ISBN 10

0199756767

ISBN 13

9780199756766

DDC

347.73

Tags

General, Jurisprudence, Philosophy, Civil Procedure, Constitutional law, American Constitutional Law

Abstract

"Author Mel A. Topf provides readers with the only comprehensive treatment of the history, concepts, jurisprudence, and controversies relating to state supreme court advisory opinions. This significant area of state constitutional law has no parallel in federal law, which bars advisory opinions from federal courts. Though just ten states have adopted such advisory opinions (many others have debated but rejected them), they have been implicated in major issues regarding American judicial power. The book explains the so-far-unexplained first appearance of advisory authority in 1780, and addresses the persistent aura of illegitimacy that has always shadowed this authority"--Provided by publisher.

Description

Content:
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.

Biblio Notes

Includes bibliographical references (pages 193-207) and index.

Number of Copies