The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 152
... given to the judgment of state authorities . For example , even the so - called " right - to - work " statutes , which must surely have been obnoxious on policy grounds to some of the justices who voted for the decision , were sustained ...
... given to the judgment of state authorities . For example , even the so - called " right - to - work " statutes , which must surely have been obnoxious on policy grounds to some of the justices who voted for the decision , were sustained ...
Página 163
... given judge might make a “ mistake , ” just as any given astronomer might misread a spectro- graph . But the very concept of “ mistake ” implied the existence of a single correct solution . The judge had nothing to decide but the ...
... given judge might make a “ mistake , ” just as any given astronomer might misread a spectro- graph . But the very concept of “ mistake ” implied the existence of a single correct solution . The judge had nothing to decide but the ...
Página 179
... given my reasons throughout this book for believing that the price they will have to pay , if they do this , will be a heavy one . But surely " democ- racy " does not guarantee that the people will be immune from the consequences of ...
... given my reasons throughout this book for believing that the price they will have to pay , if they do this , will be a heavy one . But surely " democ- racy " does not guarantee that the people will be immune from the consequences 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