Reconsidering Judicial Independence: Forty-Five Years in the Trenches and in the Tower
Author(s)
Burbank, Stephen B.Keywords
federal judiciarycourts
constitutional law
separation of powers
judges
judicial independence
judicial accountability
judicial review
rule of law
contemporary politics
interest groups
policy agents
presidential immunity
legitimacy
ideology
retrenchment of private enforcement
American Politics
Constitutional Law
Courts
Ethics and Political Philosophy
Jurisprudence
Law
Law and Philosophy
Law and Politics
Law and Society
Legal History
Philosophy
Policy History, Theory, and Methods
Political Science
President/Executive Department
Public Administration
Public Affairs, Public Policy and Public Administration
Public Policy
Rule of Law
Supreme Court of the United States
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https://scholarship.law.upenn.edu/faculty_scholarship/2068https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3070&context=faculty_scholarship
Abstract
Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as a scholar. Experience over the last two years has reminded us that, in times of aspiring authoritarianism in the executive branch and serial subservience in the legislative branch, independent and accountable courts are the bulwark of our freedoms. Those who lived through Watergate should not need the reminder.Date
2019-04-15Type
textIdentifier
oai:scholarship.law.upenn.edu:faculty_scholarship-3070https://scholarship.law.upenn.edu/faculty_scholarship/2068
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3070&context=faculty_scholarship
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