The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 16
... statute was unconstitutional was that the court did not act . In other sorts of cases , the holding that a statute or other governmental measure is unconstitutional may lead a court to take affirmative action . For a first example ...
... statute was unconstitutional was that the court did not act . In other sorts of cases , the holding that a statute or other governmental measure is unconstitutional may lead a court to take affirmative action . For a first example ...
Página 17
... statute , and so to make it a nullity . The court therefore reverts to the state of the law as it would be if the unconstitutional statute had never been passed . That the end result is affirmative action rather than refusal to act is ...
... statute , and so to make it a nullity . The court therefore reverts to the state of the law as it would be if the unconstitutional statute had never been passed . That the end result is affirmative action rather than refusal to act is ...
Página 18
... statute , for the execution of a criminal statute always requires affirmative action by the court that must conduct the trial of the alleged offender . If Congress were to provide that people were to be imprisoned in the penitentiary ...
... statute , for the execution of a criminal statute always requires affirmative action by the court that must conduct the trial of the alleged offender . If Congress were to provide that people were to be imprisoned in the penitentiary ...
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