The People and the Court: Judicial Review in a DemocracyMacmillan, 1960 - 238 páginas |
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Página 90
... violated one of the express prohibitions laid on it in the Constitution , such as that against the abridgement of free speech ; fourthly , that Congress has violated some prohibi- tion thought to be implied in the nature of our ...
... violated one of the express prohibitions laid on it in the Constitution , such as that against the abridgement of free speech ; fourthly , that Congress has violated some prohibi- tion thought to be implied in the nature of our ...
Página 136
... violated one of the uncondi- tional constitutional guarantees — one of the guarantees not subject to qualification by the general policy judgment of Congress - is it desirable that the judgment of the Court be made reviewable by ...
... violated one of the uncondi- tional constitutional guarantees — one of the guarantees not subject to qualification by the general policy judgment of Congress - is it desirable that the judgment of the Court be made reviewable by ...
Página 140
... violated their right to “ equal protection , ” under Section One of the Fourteenth Amendment . Common sense irresistibly urges that the placing of such a guarantee in the Constitution must be regarded as conclusively establishing that ...
... violated their right to “ equal protection , ” under Section One of the Fourteenth Amendment . Common sense irresistibly urges that the placing of such a guarantee in the Constitution must be regarded as conclusively establishing that ...
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