Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.S. Foreign Affairs

The book "Restoring the Global Judiciary" argues for a robust judicial role in the conduct of U.S. foreign policy, demonstrating that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches.

Format: Paperback / softback
Length: 344 pages
Publication date: 17 May 2022
Publisher: Princeton University Press

In recent decades, there has been a growing chorus of voices advocating for the Supreme Court and federal judiciary to remain disengaged from foreign affairs, delegating the responsibility to Congress and the president. However, in his book "Restoring the Global Judiciary," Martin Flaherty presents a compelling argument for a robust judicial role in the conduct of U.S. foreign policy. Through a combination of constitutional history, international relations theory, and legal doctrine, Flaherty demonstrates that the Supreme Court and federal judiciary possess the authority and duty to apply the law without deference to the other branches of government.

Beginning with the founding of the nation, Flaherty highlights that the original commitment to separation of powers held equal significance in foreign and domestic matters. This was particularly true due to the significant authority granted to the new federal government in the Constitution. However, as the nation evolved from a fledgling state to a superpower, the balance among the branches of government began to erode, leading to the growth of an assertive executive with near-plenary authority in foreign affairs.

Flaherty delves into how modern international relations exacerbate the importance of maintaining a balance among the branches of government. He examines the implications of this for contemporary controversies that the judiciary will continue to face. At a time when executive and legislative actions in the name of U.S. foreign policy are on the rise, "Restoring the Global Judiciary" makes a strong case for a zealous judicial defense of fundamental rights involving global affairs.

By asserting the judiciary's authority in foreign policy, Flaherty aims to restore the balance of power and ensure that the Constitution is upheld. He argues that the courts have a crucial role to play in interpreting and applying international law, particularly in cases where the executive branch oversteps its constitutional boundaries. Through meticulous research and analysis, Flaherty provides a compelling argument for a more assertive judicial role in shaping U.S. foreign policy.

In conclusion, "Restoring the Global Judiciary" is a thought-provoking book that challenges the conventional notion of the judiciary's disengagement from foreign affairs. By advocating for a robust judicial role, Flaherty aims to ensure that the Constitution is upheld, that fundamental rights are protected, and that the balance of power is maintained in the conduct of U.S. foreign policy. This book is a valuable contribution to the ongoing debate about the role of the judiciary in American foreign relations and is essential reading for anyone interested in the intersection of law, politics, and international affairs.

Dimension: 235 x 156 (mm)
ISBN-13: 9780691204789