The Effect Of An Unconstitutional Statute
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The Effect Of An Unconstitutional Statute
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Author : Oliver Peter Field
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2002
The Effect Of An Unconstitutional Statute written by Oliver Peter Field and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Constitutional law categories.
Field, Oliver P. The Effect of an Unconstitutional Statute. Minneapolis: University of Minnesota Press, 1935. xi, 355 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001022508. ISBN 1-58477-181-X. Cloth. $80. * State and federal courts have a long history of deeming statutes unconstitutional. Although there have been a number of treatises on the nature of judicial review, this volume treats the issue of the results of a statute deemed unconstitutional. "The varying meanings of the process of 'declaring a statute unconstitutional' or unenforceable, the meaning of 'unconstitutionality,' the legal effect of the tainted statute or its defective part, and of the decision branding it, are the subject matter of this scholarly and effective book." Edwin Borchard, Yale Law Journal 45:1533. Marke, A Catalogue of the Law Collection at New York University (1953) 397-398.
The Effect Of An Unconstitutional Statute
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Author : Oliver P. Field
language : en
Publisher:
Release Date : 1971
The Effect Of An Unconstitutional Statute written by Oliver P. Field and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with categories.
A Treatise On The Rules Which Govern The Interpretation And Application Of Statutory And Constitutional Law
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Author : Theodore Sedgwick
language : en
Publisher:
Release Date : 1857
A Treatise On The Rules Which Govern The Interpretation And Application Of Statutory And Constitutional Law written by Theodore Sedgwick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1857 with Constitutional history categories.
The Origin And Scope Of The American Doctrine Of Constitutional Law
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Author : James Bradley Thayer
language : en
Publisher:
Release Date : 1893
The Origin And Scope Of The American Doctrine Of Constitutional Law written by James Bradley Thayer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1893 with Constitutional history categories.
A Treatise On The Rules Which Govern The Interpretation And Construction Of Statutory And Constitutional Law
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Author : Theodore Sedgwick
language : en
Publisher:
Release Date : 1874
A Treatise On The Rules Which Govern The Interpretation And Construction Of Statutory And Constitutional Law written by Theodore Sedgwick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1874 with Constitutional law categories.
An Essay On The Constitutional Prohibitions Against Legislation Imparing The Obligation Of Contracts And Against Retroactive And Ex Post Facto Laws
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Author : Henry Campbell Black
language : en
Publisher:
Release Date : 1887
An Essay On The Constitutional Prohibitions Against Legislation Imparing The Obligation Of Contracts And Against Retroactive And Ex Post Facto Laws written by Henry Campbell Black and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1887 with Constitutional law categories.
Understanding Unconstitutionality How A Country Lost Its Way
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Author : Arthur Peltomaa
language : en
Publisher: Teja Press
Release Date : 2018-10-26
Understanding Unconstitutionality How A Country Lost Its Way written by Arthur Peltomaa and has been published by Teja Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with categories.
Canadian courts routinely purport to confer temporary validity on laws which have already been adjudged unconstitutional. They do so pragmatically under guise of a self-invented power to deem the law to be what it is not. This has resulted, among other things, in the prosecution and conviction of persons under unconstitutional statutory provisions and the exaction by governments of illegal taxes.No legally coherent explanation has ever been provided for the existence of these remarkable powers. Inevitably, reliance is placed on the Supreme Court of Canada's much-celebrated - though widely misunderstood - decision in the 1985 Manitoba Language Rights case, where the court deemed an entire body of unconstitutional and invalid legislation to be temporarily valid and enforceable.Courts in other common law jurisdictions have sometimes flirted with the Canadian approach, but generally they have refused to recognize invalid law as valid. They have remained faithful to the rule of law.Canadian jurisprudence on the process and effects of constitutional invalidation is a veritable quagmire of incoherence, ambiguity, and contradiction. It is well past time to establish a principle-based order and structure in this embarrassingly muddled area of the law.
Models Of Constitutional Jurisdiction
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Author : Helmut Steinberger
language : en
Publisher: Council of Europe
Release Date : 1993-01-01
Models Of Constitutional Jurisdiction written by Helmut Steinberger and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Political Science categories.
On cover: Collection: Science and technique of democracy
A Treatise On The Rules Which Govern The Interpretation And Construction Of Statutory And Constitutional Law
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Author : Theodore Sedgwick
language : en
Publisher: BoD – Books on Demand
Release Date : 2024-01-12
A Treatise On The Rules Which Govern The Interpretation And Construction Of Statutory And Constitutional Law written by Theodore Sedgwick and has been published by BoD – Books on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-12 with Fiction categories.
Reprint of the original, first published in 1874.
Weak Courts Strong Rights
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2009-07-20
Weak Courts Strong Rights written by Mark Tushnet and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-20 with Political Science categories.
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.