The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 8
... kind of “ law . " One party in the suit must win— either the one relying on the Constitution or the one relying on the other legal provision . If the conflict between the Constitution and the other kind of law is resolved in favor of ...
... kind of “ law . " One party in the suit must win— either the one relying on the Constitution or the one relying on the other legal provision . If the conflict between the Constitution and the other kind of law is resolved in favor of ...
Página 92
... kind of judicial restraint , taking effect with regard to a specific kind of question . Its evident propriety cannot be extended to cover any other kind of judicial restraint , taking effect with regard to any other kind of question ...
... kind of judicial restraint , taking effect with regard to a specific kind of question . Its evident propriety cannot be extended to cover any other kind of judicial restraint , taking effect with regard to any other kind of question ...
Página 166
... kind of government are we to have ? " Under the old myth , he was simply recording what kind of government the Constitution , explicated by technical reason , said we were to have . But with the old myth gone he is taking part in this ...
... kind of government are we to have ? " Under the old myth , he was simply recording what kind of government the Constitution , explicated by technical reason , said we were to have . But with the old myth gone he is taking part in this ...
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