The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 5
... final power to determine all questions of federal law , no matter in what court these questions may first arise . ) If the question arises in a federal court , then of course the general revisory power of the Supreme Court over the ...
... final power to determine all questions of federal law , no matter in what court these questions may first arise . ) If the question arises in a federal court , then of course the general revisory power of the Supreme Court over the ...
Página 140
... final power to construe the clause and bindingly to fix its meaning , the final power to say , in each concrete case , whether the equal protection clause is being infringed . And this body , if it is not to give the equal protection ...
... final power to construe the clause and bindingly to fix its meaning , the final power to say , in each concrete case , whether the equal protection clause is being infringed . And this body , if it is not to give the equal protection ...
Página 148
... final power of decision in these matters would produce the absurdity that national constitutional guarantees would mean one thing in one state and something else in another state . This would not only be fatal to the implementation of ...
... final power of decision in these matters would produce the absurdity that national constitutional guarantees would mean one thing in one state and something else in another state . This would not only be fatal to the implementation of ...
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