NCJ Number
142700
Date Published
1991
Length
192 pages
Annotation
The intent of this book is to explore how prevailing normative principles of political theory should affect the current law of Federal jurisdiction.
Abstract
It is proposed that two fundamental and simple underlying normative principles of American political theory exist that should provide the political framework for the exercise of jurisdictional authority by the Federal judiciary, namely, "Representational" and "Counter-Majoritarian" principles. The first section of the book examines the theory of the Representational principle in some detail and then analyzes the way various federal jurisdictional doctrines should be modified to reflect the values embodied in that principle. Doctrines of Federal common law and judge-made abstention are considered. Subsequent chapters review the Counter- Majoritarian principle and explore the impact of that underlying norm on the classical jurisdictional doctrines of judicial self-restraint. 730 footnotes