The Judicial Power Of The United States

Author : Michael Buenger,Paul J. De Muniz
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 45,7 Mb
Release : 2015-11-27
Category : LAW
ISBN : 9781783477906

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American Judicial Power by Michael Buenger,Paul J. De Muniz Pdf

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 : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 42,9 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667

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Judicial Power by Christine Landfried Pdf

Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

Author : John V. Orth
Publisher : Oxford University Press, USA
Page : 248 pages
File Size : 42,7 Mb
Release : 1987
Category : Constitutional amendments
ISBN : 9780195040999

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The Judicial Power of the United States by John V. Orth Pdf

The Eleventh Amendment is one of the most obscure and sharply debated parts of the United States Constitution. The interpretation of this seeminly simple clause has troubled the Supreme Court at crucial periods in American history, and continues to excite sharp debate in the Court today. John V. Orth reconstructs the fascinating but little-known past of the Eleventh Amendment and connects it to pressing modern issues to provide new insight into the history of judicial interpretation.

Author : John V. Orth
Publisher : Unknown
Page : 128 pages
File Size : 46,8 Mb
Release : 1940
Category : Electronic
ISBN : OCLC:846890382

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Judicial Power of the United States by John V. Orth Pdf

Author : James E Pfander
Publisher : Oxford University Press
Page : 328 pages
File Size : 47,5 Mb
Release : 2009-05-26
Category : Law
ISBN : 9780190623555

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One Supreme Court by James E Pfander Pdf

Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, James Pfander advances a departmental conception of the judiciary. He argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the "one supreme Court" identified in the Constitution exercises ultimate supervisory authority. In offering the first general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.

Author : Brinton Coxe
Publisher : The Lawbook Exchange, Ltd.
Page : 434 pages
File Size : 51,6 Mb
Release : 2005
Category : Constitutional law
ISBN : 9781584775348

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An Essay on Judicial Power and Unconstitutional Legislation by Brinton Coxe Pdf

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 : Rachel Ellett
Publisher : Routledge
Page : 252 pages
File Size : 55,7 Mb
Release : 2013-08-21
Category : Law
ISBN : 9781135965983

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Pathways to Judicial Power in Transitional States by Rachel Ellett Pdf

This book examines the complex relationship that exists between the construction of judicial power, and the institutional characteristics of the courts and their regime setting. It examines the intriguing connection between the construction of judicial power on the one hand, and the institutional characteristics of the courts and regime setting on the other. The book asks whether courts are rendered powerful by virtue of their institutional characteristics or by a supportive, perhaps acquiescent, regime setting. By analyzing the historical pathways of courts in Uganda, Tanzania and Malawi, this book argues that the emergence of judicial power since the colonial period, though fraught with many challenges, presents a unique opportunity for consolidating democracy. The book examines in detail the significant political decisions of the upper-level courts in Uganda, Tanzania and Malawi from the colonial period to the present day, analyzing them in relation to changes in the political environment over time. Analysis of these decisions is also supplemented by in-depth interviews with judges, lawyers and other important stakeholders in the judicial processes. This book demonstrates that even in the most challenging regime environments, effective institutions and determined individuals can push back against interference and issue politically powerful, independent decisions but the way in which judiciaries respond to this regime pressure varies enormously across countries and regions.

Author : Robert Jennings Harris
Publisher : Unknown
Page : 238 pages
File Size : 45,9 Mb
Release : 1940
Category : Judicial power
ISBN : 0317286684

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The Judicial Power of the United States by Robert Jennings Harris Pdf

Author : Scott Douglas Gerber
Publisher : Oxford University Press
Page : 440 pages
File Size : 48,8 Mb
Release : 2011-01-10
Category : Law
ISBN : 9780199780969

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A Distinct Judicial Power by Scott Douglas Gerber Pdf

A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.

Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 50,5 Mb
Release : 2018-08-20
Category : History
ISBN : 9781528785877

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The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Author : George Ticknor Curtis
Publisher : Unknown
Page : 676 pages
File Size : 48,9 Mb
Release : 1854
Category : Constitutional law
ISBN : OSU:32437000073482

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Commentaries on the Jurisdiction, Practice, and Peculiar Jurisprudence of the Courts of the United States by George Ticknor Curtis Pdf

Author : Charles Grove Haines
Publisher : The Lawbook Exchange, Ltd.
Page : 180 pages
File Size : 42,6 Mb
Release : 2001
Category : Judicial power
ISBN : 9781584770800

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The Conflict Over Judicial Powers in the United States to 1870 by Charles Grove Haines Pdf

Haines shows the gradual development of judicial power and authority through this study of conflicting opinions over the right of the judiciary to nullify legislative acts, which includes discussion of resistance from the states, attitudes about the slavery controversy and the effects of Jacksonian democracy. This title was originally published in the Columbia University series Studies in History, Economics and Public Law. Contents Chapter I: Judicial Powers Before the Adoption of the Federal Constitution Chapter II: Early Conflicts Over Judicial Nullification by Federal Courts Chapter III: Extension of Federal Judicial Authority Chapter IV: Conflicts Over the Extension of Judicial Authority Chapter V: Principles of the Jacksonian Democracy Chapter VI: Judicial Powers from 1856 to 1870 180 pp.

Author : Scott Douglas Gerber
Publisher : Oxford University Press
Page : 436 pages
File Size : 45,6 Mb
Release : 2011-05-05
Category : History
ISBN : 9780199765874

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A Distinct Judicial Power by Scott Douglas Gerber Pdf

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 : Robert J. McKeever
Publisher : Manchester University Press
Page : 342 pages
File Size : 55,8 Mb
Release : 1995
Category : Constitutional law
ISBN : 0719048737

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Raw Judicial Power? by Robert J. McKeever Pdf

Published here with a new chapter covering judgements from 1993 to 1995, Raw judicial power? is established as the definitive analysis of the powerful forces shaping the United States Supreme Court today. Robert J. McKeever analyses the approach of the Court to the most pressing contemporary social issues, such as capital punishment, abortion, race and affirmative action, gender equality and religion, sex and politics. He shows how social policy initiatives in the US have often come from the judicial rather than the legislative branch of government, leading to charges that the Supreme Court has been exercising 'raw judicial power'. He examines the policy decisions the Court has made, and argues that the Court has increasingly jettisoned traditional notions of constitutional interpretation in order to tackle the conflicts in contemporary American society. Students of American politics, constitutional law and social policy will all find this book invaluable.

Author : Carl McGowan
Publisher : Unknown
Page : 152 pages
File Size : 50,5 Mb
Release : 1969
Category : Law
ISBN : UOM:39015050619611

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The Organization of Judicial Power in the United States by Carl McGowan Pdf