The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 23
... give finality to the con- stitutional judgments of the political branches , and to force the courts to give effect to actions which they believed to contravene the basic law , have a case of their own to establish ; there is no reason ...
... give finality to the con- stitutional judgments of the political branches , and to force the courts to give effect to actions which they believed to contravene the basic law , have a case of their own to establish ; there is no reason ...
Página 74
... give great facility or convenience in the collection of taxes . Suppose this were true : yet the Constitution allows only the means which are " necessary , " not those which are merely " convenient " for effecting the enumerated powers ...
... give great facility or convenience in the collection of taxes . Suppose this were true : yet the Constitution allows only the means which are " necessary , " not those which are merely " convenient " for effecting the enumerated powers ...
Página 102
... give up its role as interpreter of the Bill of Rights , on the sole ground that it is bad policy for judges to ... give it effect . " There is no such necessity ; there is an at least intelligible and feasible alternative , the ...
... give up its role as interpreter of the Bill of Rights , on the sole ground that it is bad policy for judges to ... give it effect . " There is no such necessity ; there is an at least intelligible and feasible alternative , the ...
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