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Coercing Virtue: The Worldwide Rule of Judges

AUTHOR: Robert H. Bork
ISBN: 0844741620

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Coercing Virtue: The Worldwide Rule of Judges
- Book Review,
by Robert H. Bork


From Booklist
It may not reach the best-seller lists, as the much bigger Slouching towards Gomorrah (1996) did, but this concentrated and cogent statement on the preeminent object of his concern--the state of the judiciary--may be Bork's most important book for nonspecialist readers. Throughout the world, Bork says, judges rather than legislators are making and repealing laws, and internationalizing law as they do. Getting to particulars, he discusses the U.S., Canadian, and Israeli supreme courts, adducing evidence of each deciding cases partisanly and ideologically rather than according to the letter and documented intent of constitutional law. Such judicial subjectiveness begins early--Marbury v. Madison (1803), which established the practice of judicial review, brazenly favored Chief Justice Marshall's Federalist Party against President Jefferson's Democratic Republican administration--but reaches its present peak in the Israeli court's self-appointment of new members and assumption that all behavior of whatever kind falls within its purview, regardless of whether any suits have been filed. Of course, what Bork finds alarming, others hail as liberating. Fine argument, though. Ray Olson
Copyright © American Library Association. All rights reserved


Book Info
Text examines the history of judicial review, from its beginnings as a tool to protect essential freedoms to its current role as a device used by judges to constrain fundamental freedoms. An earlier edition was published in Canada (c2002). This American edition has been revised and expanded by the author. DLC: Political questions and judicial power--United States.


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         Book Review

Coercing Virtue: The Worldwide Rule of Judges
- Book Reviews,
by Robert H. Bork

Coercing Virtue: The Worldwide Rule of Judges

FROM THE PUBLISHER

In Coercing Virtue, former U.S. solicitor general and author Robert H. Bork examines the usurpation of representative government by judicial activism in the United States, Canada, Israel, and through new institutions of international law such as the International Criminal Court.

Bork's work examines the history of judicial review, from its beginnings as a tool to protect essential freedoms to its current role as a device used by judges to constrain the fundamental freedoms that constitutional governments were designed to protect. In the United States, the fundamental question for practitioners of the law has become not what the Constitution means - as defined by its text, history, and structure - but rather what judges will say about it.

Coercing Virtue follows the constitutional adventures of the United States Supreme Court and the rise of judicial activism in other Western nations and in international courts and forums.

SYNOPSIS

The controversial Reagan nominee to the Supreme Court, now with the American Enterprise Institute, makes a case against what he argues is the judiciary's illegitimate activist agenda in the US, Canada, Israel, and such institutions as the new International Criminal Court. Bork suggests remedies for what he judges as liberals' usurping of representative government. Annotation ©2003 Book News, Inc., Portland, OR


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