The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 145
... action as those that arise with regard to federal action ) Here is an inherent potential of dissatisfaction of the most serious kind - the kind that does not stop with merely disapproving what is done , but goes on to qualify what is ...
... action as those that arise with regard to federal action ) Here is an inherent potential of dissatisfaction of the most serious kind - the kind that does not stop with merely disapproving what is done , but goes on to qualify what is ...
Página 147
... action will recognize that , in the real world , sub- mission to such a procedure is the utmost deference the state ... action . Of course he is right . Whether the decision be for the state or against it , whether we have our eye on the ...
... action will recognize that , in the real world , sub- mission to such a procedure is the utmost deference the state ... action . Of course he is right . Whether the decision be for the state or against it , whether we have our eye on the ...
Página 238
... action by Court , 16 negative action by Court , 10 , 12 , 16 of legislative acts , 13 ff . " Usurpation " myth , regarding judicial review , 26-27 , 156 " Usurpative " powers of Congress , 62 " Validation " as prime function of Supreme ...
... action by Court , 16 negative action by Court , 10 , 12 , 16 of legislative acts , 13 ff . " Usurpation " myth , regarding judicial review , 26-27 , 156 " Usurpative " powers of Congress , 62 " Validation " as prime function of Supreme ...
Índice
The Basics of Judicial Review | 1 |
The Building Work of Judicial Review | 34 |
The Legitimating Work of Judicial Review | 56 |
Direitos de autor | |
2 outras secções não apresentadas
Palavras e frases frequentes
Act of Congress actually affirmative American applied argument basis believe Bill of Attainder Bill of Rights Chapter claim clause clear commerce common carrier concept Congressional consti constitutional decision constitutional law constitutionality construction construed deal decide declared discussion doctrine due process effect enforce equal protection establish example exercise fact federal constitutional federal courts federal law Fourteenth Amendment free speech government of limited governmental action ground guarantees Harvard Law Review institution of judicial interpretation invalid issue James Bradley Thayer judges judgment judicial activism judicial restraint judicial review judiciary jurisdiction Justice language lawyers legislative legitimacy limited powers matter means ment necessary and proper obvious opinion political possible power of Congress practical precedent President presumption prohibitions question rational doubt reason regulate rule of administration seems sense Supreme Court technical Thayer theory things thought tion tional tution U.S. Constitution U.S. Reports unconstitutional United validity violated vote whole words