The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 89
... look for in our judges . But we look , and ( ought to look , for something else — a strong , clear , definite acceptance of the final responsibility for decision on matters of law , and the intellectual courage to exercise that ...
... look for in our judges . But we look , and ( ought to look , for something else — a strong , clear , definite acceptance of the final responsibility for decision on matters of law , and the intellectual courage to exercise that ...
Página 110
... look at the hideous - example cases of the thirties shows that there is . No brief analysis , reasonably clear to the lay- man , can do full justice to all the complexities of then prevailing constitutional doctrine . But it is fair to ...
... look at the hideous - example cases of the thirties shows that there is . No brief analysis , reasonably clear to the lay- man , can do full justice to all the complexities of then prevailing constitutional doctrine . But it is fair to ...
Página 188
... looks rather innocuous ; membership in the bar is after all a " local " matter . But let us take another look ; certain interesting side effects appear at once . Let us see what the potential reach is . If the Supreme Court cannot ...
... looks rather innocuous ; membership in the bar is after all a " local " matter . But let us take another look ; certain interesting side effects appear at once . Let us see what the potential reach is . If the Supreme Court cannot ...
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