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Alexander M. Bickel

Bio: Alexander M. Bickel is an academic researcher from Yale University. The author has contributed to research in topics: Supreme court & Politics. The author has an hindex of 11, co-authored 34 publications receiving 1184 citations.

Papers
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Book
01 Jan 1962
TL;DR: In this article, the power of the Supreme Court and its relationship with other political institutions is examined, and specific cases which illustrate the relationship between the court and other institutions are discussed.
Abstract: Examines the power of the Supreme Court and cites specific cases which illustrate its relationship with other political institutions

697 citations

Journal ArticleDOI
TL;DR: In this paper, Bickel explores the relationship between morality and law, examining the role of the Constitution and Supreme Court in our political process, the nature of citizenship, the First Amendment, civil disobedience, and the moral authority of the intellectual.
Abstract: \"This short but provocative volume...is a fitting testimony to the author's extraordinary, though tragically brief, career as a constitutional scholar, lawyer and teacher. In just a hundred and a half literate pages, we are treated to vintage Bickel insight into every major political issue of the decade, from the civil rights movement, to the Warren Court, through the frenetic university upheavals, and-inevitably-to Watergate...A tapestry woven by a master of subtle color and texture.\"-Alan M. Dershowitz, New York Times Book Review \"Presents the core of [Bickel's] legal and political philosophy...In the five essays that compose this volume Bickel explores the relationship between morality and law, examining the role of the Constitution and Supreme Court in our political process, the nature of citizenship, the First Amendment, civil disobedience, and the moral authority of the intellectual...All will be stimulated by Bickel's thoughtful message.\" -Perspective \"[Bickel] wrote with astonishing clarity. It takes no legal training to understand his thinking about the law. Nor does it take a willingness to agree with him. All that's required of the reader of this important 'little' book is a concern that rivals Bickel's about the future of American society.\" -Newsweek \"An illuminating, often a moving book, with all of Professor Bickel's rare ability to bring law to life in vivid words.\"-Anthony Lewis Alexander M. Bickel, Sterling Professor of Law at Yale Law School, taught at Yale from 1956 until his death in 1974.

89 citations

Book
01 Jan 1970
TL;DR: A history of the Warren Court and its impact on the political and legal system is presented in this article, based on the Oliver Wendell Holmes Lectures at Harvard Law School in 1969.
Abstract: A history of the Warren Court and its impact on the political and legal system. Best known for its treatment of the Brown v. Board of Education decision, which Bickel believed was headed for obsolescence and abandonment. Based on the Oliver Wendell Holmes Lectures at Harvard Law School in 1969.

84 citations

Book
01 Jan 1975
TL;DR: In this paper, Bickel explores the relationship between morality and law, examining the role of the Constitution and Supreme Court in our political process, the nature of citizenship, the First Amendment, civil disobedience, and the moral authority of the intellectual.
Abstract: "This short but provocative volume...is a fitting testimony to the author's extraordinary, though tragically brief, career as a constitutional scholar, lawyer and teacher. In just a hundred and a half literate pages, we are treated to vintage Bickel insight into every major political issue of the decade, from the civil rights movement, to the Warren Court, through the frenetic university upheavals, and-inevitably-to Watergate...A tapestry woven by a master of subtle color and texture."-Alan M. Dershowitz, New York Times Book Review "Presents the core of [Bickel's] legal and political philosophy...In the five essays that compose this volume Bickel explores the relationship between morality and law, examining the role of the Constitution and Supreme Court in our political process, the nature of citizenship, the First Amendment, civil disobedience, and the moral authority of the intellectual...All will be stimulated by Bickel's thoughtful message." -Perspective "[Bickel] wrote with astonishing clarity. It takes no legal training to understand his thinking about the law. Nor does it take a willingness to agree with him. All that's required of the reader of this important 'little' book is a concern that rivals Bickel's about the future of American society." -Newsweek "An illuminating, often a moving book, with all of Professor Bickel's rare ability to bring law to life in vivid words."-Anthony Lewis Alexander M. Bickel, Sterling Professor of Law at Yale Law School, taught at Yale from 1956 until his death in 1974.

82 citations


Cited by
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Journal ArticleDOI
Abstract: The European Court of Justice has been the dark horse of European integration, quietly transforming the Treaty of Rome into a European Community (EC) constitution and steadily increasing the impact and scope of EC law. While legal scholars have tended to take the Court's power for granted, political scientists have overlooked it entirely. This article develops a first-stage theory of community law and politics that marries the insights of legal scholars with a theoretical framework developed by political scientists. Neofunctionalism, the theory that dominated regional integration studies in the 1960s, offers a set of independent variables that convincingly and parsimoniously explain the process of legal integration in the EC. Just as neofunctionalism predicts, the principal forces behind that process are supranational and subnational actors pursuing their own self-interests within a politically insulated sphere. Its distinctive features include a widening of the ambit of successive legal decisions according to a functional logic, a gradual shift in the expectations of both government institutions and private actors participating in the legal system, and the strategic subordination of immediate individual interests of member states to postulated collective interests over the long term. Law functions as a mask for politics, precisely the role neofunctionalists originally forecast for economics. Paradoxically, however, the success of legal institutions in performing that function rests on their self-conscious preservation of the autonomy of law.

1,050 citations

BookDOI
01 Jan 2006
TL;DR: In this paper, the authors demonstrate the relevance, rigor, and creativity of interpretive research methodologies for the social and human sciences, and discuss how research topics, evidence, and methods intertwine to produce knowledge.
Abstract: This book demonstrates the relevance, rigor, and creativity of interpretive research methodologies for the social and human sciences. The book situates methods questions within the context of broader methodological questions--specifically, the character of social realities and their "know-ability." Exceptionally clear and well-written chapters provide engaging discussions of the methods of accessing, generating, and analyzing social science data, using methods ranging from reflexive historical analysis to critical ethnography. Reflecting on their own research experiences, the contributors offer an inside, applied perspective on how research topics, evidence, and methods intertwine to produce knowledge in the social sciences.

967 citations

Book
01 Jan 2004
TL;DR: In this article, the authors explore the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule-of-law, and articulating the role played by the role of law in liberal theory and liberal political systems.
Abstract: The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.

453 citations

Journal ArticleDOI
TL;DR: In this article, the authors develop an instrument for systematically assessing public accountability arrangements, drawing on three different normative perspectives: the democratic perspective, accountability should effectively link government actions to the democratic chain of delegation, the learning perspective, and the constitutional perspective.
Abstract: In recent years, there has been a drive to strengthen existing public accountability arrangements and to design new ones. This prompts the question whether accountability arrangements actually work. In the existing literature, both accountability ‘deficits’ and ‘overloads’ are alleged to exist. However, owing to the lack of a cogent yardstick, the debate tends to be impressionistic and event-driven. In this article we develop an instrument for systematically assessing public accountability arrangements, drawing on three different normative perspectives. In the democratic perspective, accountability arrangements should effectively link government actions to the ‘democratic chain of delegation’. In the constitutional perspective, it is essential that accountability arrangements prevent or uncover abuses of public authority. In the learning perspective, accountability is a tool to make governments effective in delivering on their promises. We demonstrate the use of our multicriteria assessment tool in an analysis of a new accountability arrangement: the boards of oversight of agencies.

440 citations

Journal ArticleDOI
TL;DR: In this article, the authors argue that integration through law does have a liberalizing and deregulatory impact on the socioeconomic regimes of European Union member states, but this effect is generally compatible with the status quo in liberal market economies, but it tends to undermine the institutions and policy legacies of Continental and Scandinavian social market economies.
Abstract: Judge-made law has played a crucial role in the process of European integration. In the vertical dimension, it has greatly reduced the range of autonomous policy choices in the member states, and it has helped to expand the reach of European competences. At the same time, however, ‘integration through law’ does have a liberalizing and deregulatory impact on the socio-economic regimes of European Union member states. This effect is generally compatible with the status quo in liberal market economies, but it tends to undermine the institutions and policy legacies of Continental and Scandinavian social market economies. Given the high consensus requirements of European legislation, this structural asymmetry cannot be corrected through political action at the European level.

435 citations