The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 62
... opinion , and it was then and is now the opinion of many constitutional lawyers of eminence , that the powers originally granted to the federal government by the Con- stitution were quite ample , without stretching or straining , to ...
... opinion , and it was then and is now the opinion of many constitutional lawyers of eminence , that the powers originally granted to the federal government by the Con- stitution were quite ample , without stretching or straining , to ...
Página 78
... opinion as the beginning and foundation of the Court's checking function , of its function of invalidation where invalidation is called for . From the present point of view , the opinion was the indispensable preparation for the Court's ...
... opinion as the beginning and foundation of the Court's checking function , of its function of invalidation where invalidation is called for . From the present point of view , the opinion was the indispensable preparation for the Court's ...
Página 179
... opinion from day to day , or even by those departments that are most responsive to public opinion . Our own Constitution could not be more explicit than it is on this point . Not only are some very concrete actions for- bidden to ...
... opinion from day to day , or even by those departments that are most responsive to public opinion . Our own Constitution could not be more explicit than it is on this point . Not only are some very concrete actions for- bidden to ...
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