The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 47
... course , that that course is the authentic course of our government . " And on the part of government : " We are acting within established right and can count on the support of the people . " Step by step , I have tried to show how a ...
... course , that that course is the authentic course of our government . " And on the part of government : " We are acting within established right and can count on the support of the people . " Step by step , I have tried to show how a ...
Página 67
... course finish it off . That is indeed a possibility ; no institution can be warranted , either on a theoretical basis or on the basis of past experience , against doing more long - range harm than good , at some epoch in the future ...
... course finish it off . That is indeed a possibility ; no institution can be warranted , either on a theoretical basis or on the basis of past experience , against doing more long - range harm than good , at some epoch in the future ...
Página 97
... course correct when what is being construed is language granting power to government . But there is no reason in the logic of constitutional construction for not applying the concept of broad , creative interpretation to the prohibitory ...
... course correct when what is being construed is language granting power to government . But there is no reason in the logic of constitutional construction for not applying the concept of broad , creative interpretation to the prohibitory ...
Índice
The Basics of Judicial Review | 1 |
The Building Work of Judicial Review | 34 |
The Legitimating Work of Judicial Review | 56 |
Direitos de autor | |
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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