The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 18
... sense , by the judicial determination of unconsti- tutionality . The clearest case is the criminal statute , for the execution of a criminal statute always requires affirmative action by the court that must conduct the trial of the ...
... sense , by the judicial determination of unconsti- tutionality . The clearest case is the criminal statute , for the execution of a criminal statute always requires affirmative action by the court that must conduct the trial of the ...
Página 139
... sense in which the courts have long " made law " under the Fourteenth Amendment - and in no other sense whatever . For the Court to have declined to decide the case , and referred the matter to Congress , would have been a real innova ...
... sense in which the courts have long " made law " under the Fourteenth Amendment - and in no other sense whatever . For the Court to have declined to decide the case , and referred the matter to Congress , would have been a real innova ...
Página 209
... sense . It is true , first of all , in the practical sense that the elected representatives of the people , as we have seen earlier in this chapter , exercise a life - and - death authority over the courts - as to jurisdiction , number ...
... sense . It is true , first of all , in the practical sense that the elected representatives of the people , as we have seen earlier in this chapter , exercise a life - and - death authority over the courts - as to jurisdiction , number ...
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