| Description |
1 online resource (xiv, 335 pages) |
| Contents |
1: Montesquieu's jurisprudence and new judicial power -- Moderating liberalism and common law: spirit and juridical liberty -- Moderate and juridical government: the spirit of constitutional liberty -- Projects for reform: due process, national spirit, and liberal toleration -- The new aristocracy of the robe: history, reason, and judicial prudence -- 2: Blackstone and the Montesquieuan constitution -- Blackstone's liberal education for law and politics -- A gothic and liberal Constitution: Blackstone's tempering of sovereignty -- Blackstone, Lord Mansfield, and common-law liberalism -- 3: Montesquieu's judicial legacy in America -- Hamilton's common-law constitutionalism and judicial prudence -- Tocqueville's judicial statesmanship and common-law spirit -- Holmes and judicialized liberalism -- Conclusion: the cloaking of power and the perpetuation of constitutionalism |
| Summary |
How did the U.S. judiciary become so powerful-powerful enough that state and federal judges vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy both in America and internationally?In The Cloaking of Power, Paul O. Carrese provides a provocative and original analysis of the intellectual sources of today's powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and of strong but subtle courts |
| Bibliography |
Includes bibliographical references (pages 295-313) and index |
| Notes |
Print version record |
| Subject |
Blackstone, William, 1723-1780.
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Montesquieu, Charles de Secondat, baron de, 1689-1755.
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Judicial power -- History.
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Judicial process -- Political aspects -- History.
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Jurisprudence -- History.
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Liberalism -- History.
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Political questions and judicial power -- History.
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| Genre/Form |
History.
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| Form |
Electronic book
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| ISBN |
0226094839 (electronic bk.) |
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9780226094830 (electronic bk.) |
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(cloth ; alk. paper) |
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