Views - Views Constrained Court View The Doctrinal...

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Views: Constrained Court View: The Doctrinal, institutional, and cultural constraints are strong across the board. Each one buffers the other so that if one is not strong enough the other two will make up for it. 1 st : Nature of constitutional rights precludes the court from hearing or effectively acting on many significant social reforms claims and lessens the chances of popular mobilization. 2 nd : Court doesn’t have sufficient independence from the E and L branches. 3 rd : court doesn’t have the necessary policy and implementation decisions that could affect significant reform. All can be overcome if there is sufficient precedent for change. Fugitive slave acts: courts didn’t want to implement them but they had to bc of cultural constraints from south elite. Doctrinal constraints: formal limits of the courts that derived from statues, court decisions, or administrative regulations. Doctrinal constraints on judicial powers are what can be heard by the court.: Standing: who can sue? Ripeness: can’t litigate future/
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This note was uploaded on 09/29/2009 for the course EASC 150g taught by Professor Rosen during the Fall '07 term at USC.

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