The Doctrine of Judicial Review
Author | : Edward Samuel Corwin |
Publisher | : |
Total Pages | : 200 |
Release | : 1914 |
Genre | : Law |
ISBN | : |
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Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Judicial Review Legislation PDF full book. Access full book title Judicial Review Legislation.
Author | : Edward Samuel Corwin |
Publisher | : |
Total Pages | : 200 |
Release | : 1914 |
Genre | : Law |
ISBN | : |
Author | : Mark Anthony Robinson |
Publisher | : |
Total Pages | : 854 |
Release | : 2014 |
Genre | : Administrative law |
ISBN | : 9780455234113 |
Judicial Review The Laws of Australia acquaints practitioners and students with the principles of Judicial Review in Australia. It is an encyclopaedic and practical work whichcovers judicial review of administrative decisions at the state, territory and federal levels.
Author | : Robert Von Moschzisker |
Publisher | : Da Capo Press, Incorporated |
Total Pages | : 208 |
Release | : 1971-07-21 |
Genre | : Law |
ISBN | : |
Two lectures delivered before the Law School of the University of Pennsylvania.
Author | : Robert Kenneth Carr |
Publisher | : New York : Farrar and Rinehart, Incorporated |
Total Pages | : 328 |
Release | : 1942 |
Genre | : Constitutional law |
ISBN | : |
Author | : Keith E. Whittington |
Publisher | : University Press of Kansas |
Total Pages | : 432 |
Release | : 2020-05-18 |
Genre | : Political Science |
ISBN | : 0700630368 |
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Author | : Franklin Abbott Smith |
Publisher | : Studies in History, Economics, and Public Law, 574 |
Total Pages | : 264 |
Release | : 1952 |
Genre | : History |
ISBN | : |
Presents a study of the operation of judicial review in Supreme Court of the State of New York from 1906 to 1938, focusing on the attitude of state courts to state statutes.
Author | : W. J. Waluchow |
Publisher | : Cambridge University Press |
Total Pages | : 7 |
Release | : 2006-12-25 |
Genre | : Philosophy |
ISBN | : 1139462814 |
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Author | : Francesco Ferraro |
Publisher | : Springer Nature |
Total Pages | : 243 |
Release | : 2022-01-12 |
Genre | : Law |
ISBN | : 3030872629 |
Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book – bringing together lawyers and legal theorists from seven different countries – highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry. The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature’s work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.
Author | : Peter Cane |
Publisher | : Oxford University Press, USA |
Total Pages | : 1071 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780199248179 |
This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.
Author | : Chakradhar Jha |
Publisher | : |
Total Pages | : 512 |
Release | : 1974 |
Genre | : Judicial review |
ISBN | : |