The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 29
... means , because no lawyer has ever understood exactly what it means . It is far more important , in view of the ambig- ← uous nature of the word " political , " to understand what it does not mean . It emphatically does not mean that ...
... means , because no lawyer has ever understood exactly what it means . It is far more important , in view of the ambig- ← uous nature of the word " political , " to understand what it does not mean . It emphatically does not mean that ...
Página 79
... means ; and those who contend that it it V may not select any appropriate means , that one particular mode of effecting the object is excepted , take upon themselves the burden of estab- lishing that exception . We admit , as all must ...
... means ; and those who contend that it it V may not select any appropriate means , that one particular mode of effecting the object is excepted , take upon themselves the burden of estab- lishing that exception . We admit , as all must ...
Página 224
... means - the chief means at hand - for making real in the world the idea of the limitation of the power of the State itself ( and hence , in a democracy , the power of the people ) by law . But the noble paradox is that the State itself ...
... means - the chief means at hand - for making real in the world the idea of the limitation of the power of the State itself ( and hence , in a democracy , the power of the people ) by law . But the noble paradox is that the State itself ...
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