Seminar Papers From The American Constitutional History Seminar Judicial Review
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Seminar Papers From The American Constitutional History Seminar Judicial Review
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Author : University of Chicago. Law School. American Constitutional History Seminar: Judicial review
language : en
Publisher:
Release Date : 1991
Seminar Papers From The American Constitutional History Seminar Judicial Review written by University of Chicago. Law School. American Constitutional History Seminar: Judicial review and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Judicial review categories.
Seminar Papers From The American Constitutional History Seminar
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Author : University of Chicago. Law School. American Constitutional History Seminar
language : en
Publisher:
Release Date : 1983
Seminar Papers From The American Constitutional History Seminar written by University of Chicago. Law School. American Constitutional History Seminar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Contempt of court categories.
Seminar Papers From The American Constitutional History Republican Government Seminar
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Author : University of Chicago. Law School. American Constitutional History: Republican Government Seminar
language : en
Publisher:
Release Date : 1989
Seminar Papers From The American Constitutional History Republican Government Seminar written by University of Chicago. Law School. American Constitutional History: Republican Government Seminar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Constitutional history categories.
Seminar Papers From The American Constitutional History Seminar The Fourteenth Amendment
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Author : University of Chicago. Law School. American Constitutional History Seminar: the Fourteenth Amendment (1994).
language : en
Publisher:
Release Date : 1994
Seminar Papers From The American Constitutional History Seminar The Fourteenth Amendment written by University of Chicago. Law School. American Constitutional History Seminar: the Fourteenth Amendment (1994). and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Constitutional law categories.
Conference Papers
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Author : Harry William Arthurs
language : en
Publisher:
Release Date : 1989
Conference Papers written by Harry William Arthurs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Constitutional history categories.
Consists of the conference program and papers by conference participants: Paul A. Freund / The essence of the American constitution. -- Gerhard Casper / Changing concepts of constitutionalism, 18th to 20th century. -- Ernst Benda / Constitutionalism: the American experiment in wider perspectives. --Robert Badinter / Constitutional adjudication and the separation of powers. -- Michael Sandel / Constitutional rights in the procedural republic: religious liberty and freedom of speech. -- J.G.A. Pocock / The idea of constitutionalism: an historical examination. -- H.W. Arthurs / Open societies, closed issues and the contingency of judicial review. A comment on Does constitutionalism entail judicial review? by Geoffrey Marshall. -- Geoffrey Marshall / Does constitutionalism entail judicial review? -- Koenraad Lenaerts / Constitutionalism and the many faces of federalism. -- Mohammed Bello / Commentary [on] Constitutionalism and the many faces of federalism by Koen Lenaerts.
The People Themselves
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Author : Larry Kramer
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The People Themselves written by Larry Kramer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Repugnant Laws
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Author : Keith E. Whittington
language : en
Publisher: University Press of Kansas
Release Date : 2020-05-18
Repugnant Laws written by Keith E. Whittington and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-18 with Political Science categories.
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Comparative Constitutional Law
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Author : Tom Ginsburg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Comparative Constitutional Law written by Tom Ginsburg and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Judicial Review In The Contemporary World
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Author : Mauro Cappelletti
language : en
Publisher: MICHIE
Release Date : 1971
Judicial Review In The Contemporary World written by Mauro Cappelletti and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Law categories.
Constituting Empire
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Author : Daniel J. Hulsebosch
language : en
Publisher: Univ of North Carolina Press
Release Date : 2006-05-18
Constituting Empire written by Daniel J. Hulsebosch and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-05-18 with Law categories.
According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.