Judicial Review And The Constitution PDF Download
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Author | : Sylvia Snowiss |
Publisher | : Yale University Press |
Total Pages | : 252 |
Release | : 1990-01-01 |
Genre | : Law |
ISBN | : 9780300046656 |
Download Judicial Review and the Law of the Constitution Book in PDF, ePub and Kindle
In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
Author | : Edward Samuel Corwin |
Publisher | : |
Total Pages | : 200 |
Release | : 1914 |
Genre | : Law |
ISBN | : |
Download The Doctrine of Judicial Review Book in PDF, ePub and Kindle
Author | : Kermit L. Hall |
Publisher | : Routledge |
Total Pages | : 506 |
Release | : 2014-07-22 |
Genre | : Law |
ISBN | : 1135691533 |
Download Judicial Review and Judicial Power in the Supreme Court Book in PDF, ePub and Kindle
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Author | : Edward Samuel Corwin |
Publisher | : |
Total Pages | : 296 |
Release | : 1957 |
Genre | : Constitutional history |
ISBN | : |
Download Court Over Constitution Book in PDF, ePub and Kindle
Author | : John Hart Ely |
Publisher | : Harvard University Press |
Total Pages | : 281 |
Release | : 1981-08-15 |
Genre | : Law |
ISBN | : 0674263294 |
Download Democracy and Distrust Book in PDF, ePub and Kindle
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author | : Bernard H. Siegan |
Publisher | : Transaction Publishers |
Total Pages | : 232 |
Release | : |
Genre | : Law |
ISBN | : 9781412839273 |
Download The Supreme Court's Constitution Book in PDF, ePub and Kindle
The U.S. Court has exercised enormous influence on American society throughout its history. Although the Court is considered the guardian of the Constitution, the Constitution does not specifically set forth the Court's power to strike down federal or state legislation, nor does it provide guidance on how this power should be applied. In this critical examination of Supreme Court opinions, Bernard Siegan argues that the Court has frequently ruled both contrary to and without guidance from Constitutional meaning and purpose. He concludes that the U.S. Supreme Court has increasingly become more the maker than the interpreter of fundamental law. The author offers a detailed analysis of the Constitution and numerous Supreme Court cases involving controversial issues ranging from the line between federal and state powers to the validity of measures according to preferential treatment for minorities and women. The book is essential reading for everyone interested in understanding the differences between activist and literalist traditions in the high court.
Author | : Christopher Wolfe |
Publisher | : Rowman & Littlefield Publishers |
Total Pages | : 463 |
Release | : 1994-03-29 |
Genre | : Philosophy |
ISBN | : 1461645468 |
Download The Rise of Modern Judicial Review Book in PDF, ePub and Kindle
This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Author | : Robert Kenneth Carr |
Publisher | : Greenwood |
Total Pages | : 326 |
Release | : 1970 |
Genre | : Law |
ISBN | : |
Download The Supreme Court and Judicial Review Book in PDF, ePub and Kindle
Author | : Mark Elliott |
Publisher | : Hart Publishing |
Total Pages | : 293 |
Release | : 2001-03 |
Genre | : Law |
ISBN | : 1841131806 |
Download The Constitutional Foundations of Judicial Review Book in PDF, ePub and Kindle
This book comprehensively analyses the foundations of judicial review.
Author | : David M. Beatty |
Publisher | : BRILL |
Total Pages | : 374 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004479406 |
Download Human Rights and Judicial Review: A Comparative Perspective Book in PDF, ePub and Kindle
Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.