The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 83
... exercise . The imagination , which never stumbles so clumsily as when it deals with time , can hardly take in the raw fact that a few days less than fifty - two years separated Lee's surrender at Appomattox from the American declaration ...
... exercise . The imagination , which never stumbles so clumsily as when it deals with time , can hardly take in the raw fact that a few days less than fifty - two years separated Lee's surrender at Appomattox from the American declaration ...
Página 153
... exercise of wide and significant powers , in the face of constitutional objections of undoubted plausibility . In the nature of the case , it is impossible to affirm categorically that these decisions have contributed to invest- ing ...
... exercise of wide and significant powers , in the face of constitutional objections of undoubted plausibility . In the nature of the case , it is impossible to affirm categorically that these decisions have contributed to invest- ing ...
Página 209
... exercise of all political power . How are these two beliefs to be reconciled ? The answer is a very simple one , and rests in history . It is that the courts , as well as the Congress , represent the people . In a formal sense , this is ...
... exercise of all political power . How are these two beliefs to be reconciled ? The answer is a very simple one , and rests in history . It is that the courts , as well as the Congress , represent the people . In a formal sense , this is ...
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