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Author : Emory Washburn
Publisher : Unknown
Page : 24 pages
File Size : 47,8 Mb
Release : 1875
Category : Constitutional law
ISBN : HARVARD:HX4DXE
Author : William Lasser
Publisher : UNC Press Books
Page : 368 pages
File Size : 40,6 Mb
Release : 2017-10-01
Category : Political Science
ISBN : 9781469632469
Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author : William Lasser
Publisher : UNC Press Books
Page : 368 pages
File Size : 49,9 Mb
Release : 2017-10-01
Category : Political Science
ISBN : 9781469632469
Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author : William Lasser
Publisher : Unknown
Page : 366 pages
File Size : 48,7 Mb
Release : 2024-06-30
Category : Electronic
ISBN : 0608086002
A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author : Gary L. McDowell
Publisher : Unknown
Page : 230 pages
File Size : 49,9 Mb
Release : 1988
Category : Electronic
ISBN : 0783786980
Author : William Ogden Farber
Publisher : Unknown
Page : 622 pages
File Size : 55,5 Mb
Release : 1935
Category : Judicial review
ISBN : WISC:89011291937
Author : Prof William Lasser
Publisher : Unknown
Page : 128 pages
File Size : 43,7 Mb
Release : 1988-01-01
Category : Electronic
ISBN : 0807862770
Author : Tom S. Clark
Publisher : Cambridge University Press
Page : 357 pages
File Size : 46,6 Mb
Release : 2010-11-22
Category : Political Science
ISBN : 9781139492317
This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.
Author : Kermit L. Hall
Publisher : Routledge
Page : 506 pages
File Size : 40,9 Mb
Release : 2014-07-22
Category : Law
ISBN : 9781135691530
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Author : E. W. Thomas
Publisher : Cambridge University Press
Page : 448 pages
File Size : 49,7 Mb
Release : 2005-09-15
Category : Law
ISBN : 1139446983
In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791
Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 40,8 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Author : Sudhanshu Ranjan
Publisher : Routledge
Page : 359 pages
File Size : 44,5 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781317809777
This book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.
Author : Randy E. Barnett
Publisher : Princeton University Press
Page : 448 pages
File Size : 45,6 Mb
Release : 2013-11-24
Category : Law
ISBN : 9780691159737
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Author : Kent Roach
Publisher : Unknown
Page : 372 pages
File Size : 55,9 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105060997538
This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?
