pp. 201-221
Judicial Supremacy or Judicial Defense? The Supreme Court and the Separation of Powers
Katy J. Harriger argues that the U.S. Supreme Court's rejection of the George W. Bush administration's policies on the trials of Guantanamo detainees should be understood within the context of separation-of-powers jurisprudence. During this time, the Court has asserted itself as the “referee” of the separation-of-powers system and has consistently defended judicial power, often at the expense of congressional and executive power.
Separation of Powers and the Politics of Independent Counsels, Katy J. Harriger
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