Showing results for "Authority" in Law

Drawing on an array of primary sources in multiple languages, Farzin Vejdani argues that the ambiguity in defining the boundaries between private and public in Qajar Iran often corresponded with the jurisdictional friction between government authorities and religious scholars regarding who had the authority to police and punish public crimes.

Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.

A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes” - their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.