The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 28
... persons in a manner sufficiently direct to form the subject - matter of a legal claim . Government spending , which is a good half of governmental action , is usually in this cate- gory , at least as regards the federal government . The ...
... persons in a manner sufficiently direct to form the subject - matter of a legal claim . Government spending , which is a good half of governmental action , is usually in this cate- gory , at least as regards the federal government . The ...
Página 140
... person or group of persons must have the final power to construe the clause and bindingly to fix its meaning , the final power to say , in each concrete case , whether the equal protection clause is being infringed . And this body , if ...
... person or group of persons must have the final power to construe the clause and bindingly to fix its meaning , the final power to say , in each concrete case , whether the equal protection clause is being infringed . And this body , if ...
Página 194
... person , possessing the relevant technical information and skills , could or does fail to agree that a mistake had been made . A mistake is " open to rational question " if rational persons actually can question it . And rational persons ...
... person , possessing the relevant technical information and skills , could or does fail to agree that a mistake had been made . A mistake is " open to rational question " if rational persons actually can question it . And rational persons ...
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