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Building the JudiciaryLaw, Courts, and the Politics of Institutional Development$
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Justin Crowe

Print publication date: 2012

Print ISBN-13: 9780691152936

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691152936.001.0001

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The Puzzle of Judicial Institution Building

The Puzzle of Judicial Institution Building

Chapter:
(p.1) Chapter One The Puzzle of Judicial Institution Building
Source:
Building the Judiciary
Author(s):

Justin Crowe

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691152936.003.0001

This book explores the historical processes contributing to the rise of the federal judiciary as an independent and autonomous institution of governance in the American political system. More specifically, it examines the puzzle of “judicial institution building” —the puzzle of understanding how the process of “building” the judiciary unfolded over the course of American political development. The book examines how the federal judiciary in general, and the Supreme Court in particular, overcame its early limitations and emerged as a powerful institution of American governance. It also considers the transformation of the federal judiciary from “judicial exceptionalism” to what might be called “architectonic” politics and offers a developmental account of judicial power. The book shows that the story of the judiciary's transformation involved a series of battles over law, courts, and the politics of institutional development.

Keywords:   judicial institution building, federal judiciary, Supreme Court, American governance, judicial exceptionalism, architectonic politics, judicial power, law, courts

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