The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 19
... ground , among others , that he disagreed with the Supreme Court decision upholding the consti- tutionality of the ... grounds ? ( We have seen above that even determinations of unconstitutionality sometimes result in affirmative ...
... ground , among others , that he disagreed with the Supreme Court decision upholding the consti- tutionality of the ... grounds ? ( We have seen above that even determinations of unconstitutionality sometimes result in affirmative ...
Página 20
... grounds as it would be for him to refuse to enforce a judgment based on statutory grounds . An officer of the ... ground . That deference must be paid to the judgments of courts on matters of law , if government is to function 20 ...
... grounds as it would be for him to refuse to enforce a judgment based on statutory grounds . An officer of the ... ground . That deference must be paid to the judgments of courts on matters of law , if government is to function 20 ...
Página 35
... ground alone that its policies were misguided or wicked , or even on the ground that it was defective in structure and ought to be reformed , but on the absolutely fundamental ground that it had no standing to govern at all . The ...
... ground alone that its policies were misguided or wicked , or even on the ground that it was defective in structure and ought to be reformed , but on the absolutely fundamental ground that it had no standing to govern at all . 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