Download or read book Repugnant Laws written by Keith E. Whittington and published by University Press of Kansas. This book was released on 2020-05-18 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Doctrine of Judicial Review written by Edward Samuel Corwin and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts.
Download or read book Judicial Review Of Legislation written by Robert Von Moschzisker and published by Da Capo Press, Incorporated. This book was released on 1971-07-21 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two lectures delivered before the Law School of the University of Pennsylvania.
Download or read book Judicial Review of Legislation in New York 1906 1938 written by Franklin Abbott Smith and published by Studies in History, Economics, and Public Law, 574. This book was released on 1952 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Oxford Handbook of Legal Studies written by Peter Cane and published by Oxford University Press, USA. This book was released on 2005 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Judicial Review in an Objective Legal System written by Tara Smith and published by Cambridge University Press. This book was released on 2015-07-30 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Download or read book Judicial Review of Legislative Acts written by Chakradhar Jha and published by . This book was released on 1974 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Courts in Asia written by Albert H. Y. Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Download or read book A Common Law Theory of Judicial Review written by W. J. Waluchow and published by Cambridge University Press. This book was released on 2006-12-25 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Download or read book Constitutional Protection of Human Rights in Latin America written by Allan R. Brewer-Carías and published by Cambridge University Press. This book was released on 2009 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.
Download or read book Judicial Review and the Law of the Constitution written by Sylvia Snowiss and published by Yale University Press. This book was released on 1990-01-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Judicial Review of Legislation in N Y 1906 1938 written by Franklin A. Smith and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Essay on Judicial Power and Unconstitutional Legislation written by Brinton Coxe and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.
Download or read book The Global Expansion of Judicial Power written by C Neal Tate and published by NYU Press. This book was released on 1997-06-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflict, and revolution. This global expansion of judicial power, or judicialization of politics is accompanied by an increasing domination of negotiating or decision making arenas by quasi- judicial procedures. For better or for worse, the judicialization of politics has become one of the most significant trends of the end of the millenium. In this book, political scientists, legal scholars, and judges around the world trace the intellectual origins of this trend, describe its occurence--or lack of occurence--in specific nations, analyze the circumstances and conditions that promote or retard judicialization, and evaluate the phenomenon from a variety of intellectual and ideological perspectives.
Download or read book Designing Judicial Review written by Charles R. Shipan and published by University of Michigan Press. This book was released on 2000 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why interest groups and members of Congress fight over the procedural details in legislation
