The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 15
... Presumptions " play a regular part in all legal interpretation- whether of contracts or of statutes or of the Constitution . But this is a complexity within a complexity , and will be reserved for later treatment.10 It is enough for now ...
... Presumptions " play a regular part in all legal interpretation- whether of contracts or of statutes or of the Constitution . But this is a complexity within a complexity , and will be reserved for later treatment.10 It is enough for now ...
Página 142
... presumption in his favor . If the first and absurder of our two hypothetical proposals , discussed above , were adopted , and school segregation were to stand until Congress abolished it , it would continue indefinitely . If the second ...
... presumption in his favor . If the first and absurder of our two hypothetical proposals , discussed above , were adopted , and school segregation were to stand until Congress abolished it , it would continue indefinitely . If the second ...
Página 221
... presumption of constitutionality . " In context , what they pretty surely meant was a return to the presumption that legislation had a rational basis - that it bore some arguable relation to a permissible social end . But they expressed ...
... presumption of constitutionality . " In context , what they pretty surely meant was a return to the presumption that legislation had a rational basis - that it bore some arguable relation to a permissible social end . But they expressed ...
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