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Without Fear or Favor

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The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one anot...
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  • 19 September 2012
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The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another.

At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning conceptions of judicial independence and accountability emerged, and when and how did conflict over them develop? In part, the analysis is theoretical: what is the proper understanding of judicial independence and accountability?

Tarr concludes the book by identifying the challenges to state-level judicial independence and accountability that have emerged in recent decades, assessing the solutions offered by the competing sides, and offering proposals for how to strike the appropriate balance between independence and accountability.

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Price: $35.00
Pages: 280
Publisher: Stanford University Press
Imprint: Stanford University Press
Series: Stanford Studies in Law and Politics
Publication Date: 19 September 2012
Trim Size: 9.00 X 6.00 in
ISBN: 9780804760409
Format: Paperback
BISACs:

"Tarr offers a thoughtful and comprehensive analysis of the claims and counterclaims made by critics and supporters of judicial elections. . . . Tarr's book is well-crafted and should be easily accessible to legal academics, policymakers, and the broader lay public."—Tad Daley, Political Science Quarterly
G. Alan Tarr is Director of the Center for State Constitutional Studies and Distinguished Professor of Political Science at Rutgers University-Camden. He is the author or editor of several books on constitutionalism and on federalism, and has lectured on these subjects in United States, Africa, Asia, Europe, and South America.