The Judgment of the Boss on Bossing the Judges: Bruce Springsteen, Judicial Independence, and the Rule of Law
22 Pages Posted: 31 Oct 2009
Date Written: 2005
In this piece, which was written for a symposium on Bruce Springsteen and the law, I begin by setting the political stage with a brief description of the theoretical foundation for the rule of law and an independent judiciary, before summarizing recent developments that have eroded that foundation. I then correlate the phases of Mr. Springsteen’s work to three ideological movements spanning the twentieth century that have led us to our present state, in an effort to better understand the rising tide of opposition to judicial independence and the rule of law as it is traditionally conceived. I conclude with an analysis of Mr. Springsteen’s most recent work and find that it offers alternative solutions to the current conundrum, one of which holds considerable promise.
Keywords: judicial independence, judicial accountability, judges, Rule of Law, Legal realism, courts, Formalism, institutional legitimacy, Bruce Springsteen
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