Judicial Interpretation Of Political Theory
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Judicial Interpretation Of Political Theory
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Author : William Bennett Bizzell
language : en
Publisher:
Release Date : 1974
Judicial Interpretation Of Political Theory written by William Bennett Bizzell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Law categories.
Judicial Interpretation Of Political Theory A Study In The Relation Of The Courts To The American Party System Classic Reprint
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Author : William Bennett Bizzell
language : en
Publisher: Forgotten Books
Release Date : 2017-09-17
Judicial Interpretation Of Political Theory A Study In The Relation Of The Courts To The American Party System Classic Reprint written by William Bennett Bizzell and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-17 with Political Science categories.
Excerpt from Judicial Interpretation of Political Theory a Study in the Relation of the Courts to the American Party System Horace Binney had this function of the great Court in mind when he characterized it as the great moral substitute for force in controversies between the people, the states, and the Union. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Judicial Interpretation Of Political Theory A Study In The Relation Of The Courts To The American Party System
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Author : William Bennett Bizzell
language : en
Publisher: Palala Press
Release Date : 2016-05-02
Judicial Interpretation Of Political Theory A Study In The Relation Of The Courts To The American Party System written by William Bennett Bizzell and has been published by Palala Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-02 with categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The Judicial Interpretation Of Political Theory
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Author : William Bizzell
language : en
Publisher: CreateSpace
Release Date : 2015-08-25
The Judicial Interpretation Of Political Theory written by William Bizzell and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-25 with categories.
Party conviction has always been "recognized as an essential qualification for the supreme bench in addition to legal learning and public service." In substantiation of this general observation, the author, in his introduction, points out that "only ardent supporters of a strong federal system were elevated to the bench by Washington and Adams." Unanimity in the early opinions herein finds its explanation. The only apparent exception to the conclusion that party conviction was an essential qualification to a position on the supreme bench the author finds to be in the offer of the chief justiceship to Patrick Henry by President Washington in the fall of 1795-96, despite the fact that Henry had been the ablest and most influential opponent of constitutional ratification in Virginia. The volume reviews the partisan character of many leading cases, including such typical instances as Hepburn v. Griswold, a reversal by the supreme court for which political influence has been held responsible, and the "decisions in the insular cases and the decisions growing out of the Inter-State Commerce Act" which have "carried loose construction to its ultimate limit." Criticisms of the supreme court have been made from the time of the earlier cases on the power of the courts to declare congressional acts unconstitutional, through the Dred Scott case, the prize cases, the legal tender cases, the income tax decisions, to the criticism of the Democratic platform of 1904 in which the Republican party is held responsible for forcing "strained, unnatural constructions upon the statutes by virtue of its control of the judiciary." The respective chapters include intimate and thorough-going discussions of the judicial power over legislative enactments: theory of constitutional construction; nature of the federal Union; imperialism v. expansion; the theory of internal improvements; the theory of the United States bank; the theory of legal tender; the theory of a protective tariff; the theory of an income tax; the theory of direct legislation; and the theory of the recall of judicial decisions. Of these important and far-reaching problems of our national life, the constitutionality of internal improvements and the constitutionality of the recall of judicial decisions only have not been officially determined by the supreme court of the United States. The volume contains few new facts but it does contain an interesting array of facts, cogently put and interestingly related. "The courts have been able to settle the metes and bounds of practically every [party] issue considered, with the exception of that of slavery." The author extols the "supreme confidence" that the American people have imposed in their federal courts, and finds that "it is fortunate that this confidence exists for it insures the country against riots and civil strife, resulting from heated debate and party antagonism." The volume is valuable because it brings together the legal and constitutional phases of the most prominent planks in partisan platforms, and indicates through its every page the close relation between the federal judicial tribunals and the solution of political, social and economic problems. -Annals of the American Academy of Political and Social Science [1915]
Judicial Interpretation Of Political Theory
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Author : William Bizzell
language : en
Publisher:
Release Date : 2018-12-04
Judicial Interpretation Of Political Theory written by William Bizzell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-04 with categories.
Party conviction has always been "recognized as an essential qualification for the supreme bench in addition to legal learning and public service." In substantiation of this general observation, the author, in his introduction, points out that "only ardent supporters of a strong federal system were elevated to the bench by Washington and Adams." Unanimity in the early opinions herein finds its explanation. The only apparent exception to the conclusion that party conviction was an essential qualification to a position on the supreme bench the author finds to be in the offer of the chief justiceship to Patrick Henry by President Washington in the fall of 1795-96, despite the fact that Henry had been the ablest and most influential opponent of constitutional ratification in Virginia. The volume reviews the partisan character of many leading cases, including such typical instances as Hepburn v. Griswold, a reversal by the supreme court for which political influence has been held responsible, and the "decisions in the insular cases and the decisions growing out of the Inter-State Commerce Act" which have "carried loose construction to its ultimate limit." Criticisms of the supreme court have been made from the time of the earlier cases on the power of the courts to declare congressional acts unconstitutional, through the Dred Scott case, the prize cases, the legal tender cases, the income tax decisions, to the criticism of the Democratic platform of 1904 in which the Republican party is held responsible for forcing "strained, unnatural constructions upon the statutes by virtue of its control of the judiciary."The respective chapters include intimate and thorough-going discussions of the judicial power over legislative enactments: theory of constitutional construction; nature of the federal Union; imperialism v. expansion; the theory of internal improvements; the theory of the United States bank; the theory of legal tender; the theory of a protective tariff; the theory of an income tax; the theory of direct legislation; and the theory of the recall of judicial decisions. Of these important and far-reaching problems of our national life, the constitutionality of internal improvements and the constitutionality of the recall of judicial decisions only have not been officially determined by the supreme court of the United States. The volume contains few new facts but it does contain an interesting array of facts, cogently put and interestingly related. "The courts have been able to settle the metes and bounds of practically every [party] issue considered, with the exception of that of slavery." The author extols the "supreme confidence" that the American people have imposed in their federal courts, and finds that "it is fortunate that this confidence exists for it insures the country against riots and civil strife, resulting from heated debate and party antagonism." The volume is valuable because it brings together the legal and constitutional phases of the most prominent planks in partisan platforms, and indicates through its every page the close relation between the federal judicial tribunals and the solution of political, social and economic problems. --Annals of the American Academy of Political and Social Science [1915]
Words That Bind
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Author : John Arthur
language : en
Publisher: Routledge
Release Date : 2018-02-12
Words That Bind written by John Arthur and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-12 with Political Science categories.
Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
Interpretation Law And The Construction Of Meaning
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Author : Anne Wagner
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-05-16
Interpretation Law And The Construction Of Meaning written by Anne Wagner and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-16 with Law categories.
The study of legal semiotics emphasizes the contingency and fluidity of legal concepts and stresses the existence of overlapping, competing and coexisting legal discourses. New problems, changing power structures and societal norms and new faces of injustice – all these force reconsideration, reformulation and even replacement of established doctrines. This book focuses on the application of law in a wide variety of contexts, including international politics and diplomatic practice.
Constitutions And Political Theory
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Author : Jan-Erik Lane
language : en
Publisher: Manchester University Press
Release Date : 1996
Constitutions And Political Theory written by Jan-Erik Lane and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Comparative government categories.
Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.
The Philosophy Of Legal Change
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Author : Maciej Chmieliński
language : en
Publisher: Routledge
Release Date : 2019-07-05
The Philosophy Of Legal Change written by Maciej Chmieliński and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-05 with Law categories.
Democratic legal systems have recently been subject to rapid and multi-directional processes of change. There are numerous sociological, technological, ideological, or purely political processes which result in law’s amendment and transformation. This book argues that this legal change is best understood from a political philosophy perspective. This can be used as an interpretative device to understand the ongoing processes of change as well as their outcomes such as new laws, judicial interpretations, or constitutional amendments. The work has three main objectives: to provide deeper understanding of the problems of legal change within the diversity of Western political and legal thought; to examine the development of the processes of change in terms of their normative and prudential acceptability; to interpret actual processes of change with a view to the general theoretical and normative background. The book is divided into three parts: Part I sets the scene and is focused on the general issues important for understanding and evaluating legal change from the perspective of political philosophy; Part II focuses on the spectrum of politico-philosophical justifications present in the political culture of democratic states; Part III offers selected case studies to specify and apply the philosophical ideas in the previous parts. The book will be a valuable resource for students and scholars of law and jurisprudence, including comparative legal studies and human rights law, political theory, and philosophy.
Legal Theory Political Theory And Deconstruction
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Author : Matthew H. Kramer
language : en
Publisher:
Release Date : 1991
Legal Theory Political Theory And Deconstruction written by Matthew H. Kramer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Deconstruction categories.