The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 12
... rule of the Constitution , and not the rule of the statute or other govern- mental pronouncement , is the correct rule of law for application to the case before the court . The court , under our system , therefore considers itself bound ...
... rule of the Constitution , and not the rule of the statute or other govern- mental pronouncement , is the correct rule of law for application to the case before the court . The court , under our system , therefore considers itself bound ...
Página 195
... rule is rooted in precedent . Secondly , he clearly suggests , it is right in principle and policy . I propose , first , to show that the Thayer rule , thus literally under- stood , is not now and was not in Thayer's day supported by ...
... rule is rooted in precedent . Secondly , he clearly suggests , it is right in principle and policy . I propose , first , to show that the Thayer rule , thus literally under- stood , is not now and was not in Thayer's day supported by ...
Página 202
... rule of administration " was actually a part of settled tradition is plainly and flatly wrong , if he means , by his formulation of the rule , what the words he uses appear naturally to mean . Thayer's " rule of administration " thus ...
... rule of administration " was actually a part of settled tradition is plainly and flatly wrong , if he means , by his formulation of the rule , what the words he uses appear naturally to mean . Thayer's " rule of administration " thus ...
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