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Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 49,9 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Author : Sotirios A. Barber
Publisher : Unknown
Page : 304 pages
File Size : 50,5 Mb
Release : 1993
Category : Law
ISBN : UOM:39015026804511
Barber shows that New Right theorists, such as Bork, and establishment liberals, such as Ronald Dworkin, are moral relativists who cannot escape conclusions ("might makes right," for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the Court's friends to do just that. Written in a lively and engaging style.
Author : Brinton Coxe
Publisher : The Lawbook Exchange, Ltd.
Page : 434 pages
File Size : 55,8 Mb
Release : 2005
Category : Constitutional law
ISBN : 9781584775348
Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.
Author : Institute for Research on Public Policy
Publisher : McGill-Queen's Press - MQUP
Page : 348 pages
File Size : 52,6 Mb
Release : 2001
Category : Political Science
ISBN : 9780773521315
Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.
Author : Kermit L. Hall
Publisher : Routledge
Page : 506 pages
File Size : 54,5 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 : Edward A. Purcell
Publisher : Yale University Press
Page : 446 pages
File Size : 51,9 Mb
Release : 2000-02-09
Category : Law
ISBN : 0300078048
During the twentieth century, and particularly between the 1930s and 1950s, ideas about the nature of constitutional government, the legitimacy of judicial lawmaking, and the proper role of the federal courts evolved and shifted. This book focuses on Supreme Court justice Louis D. Brandeis and his opinion in the 1938 landmark case Erie Railroad Co. v. Tompkins, which resulted in a significant relocation of power from federal to state courts. Distinguished legal historian Edward A. Purcell, Jr., shows how the Erie case provides a window on the legal, political, and ideological battles over the federal courts in the New Deal era. Purcell also offers an in-depth study of Brandeis's constitutional jurisprudence and evolving legal views. Examining the social origins and intended significance of the Erie decision, Purcell concludes that the case was a product of early twentieth-century progressivism. The author explores Brandeis's personal values and political purposes and argues that the justice was an exemplar of neither "judicial restraint" nor "neutral principles," despite his later reputation. In an analysis of the continual reconceptions of both Brandeis and Erie by new generations of judges and scholars in the twentieth century, Purcell also illuminates how individual perspectives and social pressures combined to drive the law's evolution.
Author : Michael Buenger,Paul J. De Muniz
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 43,7 Mb
Release : 2015-11-27
Category : LAW
ISBN : 9781783477906
American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
Author : Jud Mathews
Publisher : Oxford University Press
Page : 248 pages
File Size : 50,5 Mb
Release : 2018-03-13
Category : Law
ISBN : 9780190682934
Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.
Author : Scott Douglas Gerber
Publisher : Oxford University Press
Page : 436 pages
File Size : 53,7 Mb
Release : 2011-05-05
Category : History
ISBN : 9780199765874
This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.
Author : John T. Saywell
Publisher : University of Toronto Press
Page : 486 pages
File Size : 53,7 Mb
Release : 2002-01-01
Category : History
ISBN : 080208656X
Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.
Author : Sylvia Snowiss
Publisher : Yale University Press
Page : 252 pages
File Size : 51,9 Mb
Release : 1990-01-01
Category : Law
ISBN : 0300046650
In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
Author : Brinton Coxe
Publisher : Unknown
Page : 446 pages
File Size : 55,6 Mb
Release : 1893
Category : Constitutional law
ISBN : UCAL:$B170954
Author : Philip Hamburger
Publisher : Harvard University Press
Page : 705 pages
File Size : 43,9 Mb
Release : 2008-11-01
Category : Law
ISBN : 9780674264236
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judicial review. Although decisions holding statutes unconstitutional are these days considered instances of a distinct judicial power of review, Hamburger shows that they were once understood merely as instances of a broader judicial duty. The book’s focus on judicial duty overturns the familiar debate about judicial power. The book is therefore essential reading for anyone concerned about the proper role of the judiciary. Hamburger lays the foundation for his argument by explaining the common law ideals of law and judicial duty. He shows that the law of the land was understood to rest on the authority of the lawmaker and that what could not be discerned within the law of the land was not considered legally binding. He then shows that judges had a duty to decide in accord with the law of the land. These two ideals—law and judicial duty—together established and limited what judges could do. By reviving an understanding of these common law ideals, Law and Judicial Duty calls into question the modern assumption that judicial review is a power within the judges’ control. Indeed, the book shows that what is currently considered a distinct power of review was once understood as a matter of duty—the duty of judges to decide in accord with the law of the land. The book thereby challenges the very notion of judicial review. It shows that judges had authority to hold government acts unconstitutional, but that they enjoyed this power only to the extent it was required by their duty.In laying out the common law ideals, and in explaining judicial review as an aspect of judicial duty, Law and Judicial Duty reveals a very different paradigm of law and of judging than prevails today. The book, moreover, sheds new light on a host of misunderstood problems, including intent, manifest contradiction, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.
Author : William Montgomery Meigs
Publisher : The Lawbook Exchange, Ltd.
Page : 248 pages
File Size : 44,7 Mb
Release : 2007
Category : Constitutional law
ISBN : 9781584777700
Reprint of the only edition. Meigs [1852-1929] established his reputation with pioneering research on the antecedents of the American doctrine of judicial review. Much of his later work traced the doctrine's subsequent history. The Relation of the Judiciary and the Constitution is a summary of this scholarship, as well as a summary of work by other scholars who developed areas uncovered by his research. Although it is primarily a history, Meigs's study has a secondary agenda: to show how "the noisy minority" of an unchecked judiciary "lead[s] the country...to launch out on evil ways" (10). In this regard he anticipated the viewpoint of conservative critics today who denounce judges who "legislate from the bench."
Author : Edward S. Corwin
Publisher : Routledge
Page : 172 pages
File Size : 49,9 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351483490
This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states' rights. Another concerns the Pelatiah Webster Myth the notion that the US Constitution was the work of a single person.In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court to review acts of Congress. "We, the People" examines the rights of states in relation to secession and nullification. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the constitution. "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties.Matthew J. Franck's new introduction to this centennial edition situates Corwin's career in the history of judicial review both as a concept and as a political reality.