The Supreme Court S Constitution

Author : David P. Currie
Publisher : University of Chicago Press
Page : 518 pages
File Size : 47,9 Mb
Release : 1992-09
Category : Law
ISBN : 9780226131092

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The Constitution in the Supreme Court by David P. Currie Pdf

Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary

Author : Charles Fried
Publisher : Harvard University Press
Page : 340 pages
File Size : 49,8 Mb
Release : 2005
Category : Law
ISBN : 0674019547

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Saying what the Law is by Charles Fried Pdf

Taking the reader up to and through such controversial Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality.

Author : Robert A. Licht
Publisher : American Enterprise Institute
Page : 224 pages
File Size : 49,5 Mb
Release : 1993
Category : Law
ISBN : 0844738131

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Is the Supreme Court the Guardian of the Constitution? by Robert A. Licht Pdf

This book examines the controversy surrounding the conventional wisdom that the Court is the guardian of the Constitution and the ultimate defender of our liberties.

Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 52,8 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

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A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : Ralf Rogowski,Thomas Gawron
Publisher : Unknown
Page : 304 pages
File Size : 46,9 Mb
Release : 2016
Category : Constitutional courts
ISBN : 1785332732

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Constitutional Courts in Comparison by Ralf Rogowski,Thomas Gawron Pdf

The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

Author : Aziz Z. Huq
Publisher : Oxford University Press
Page : 193 pages
File Size : 40,6 Mb
Release : 2021
Category : LAW
ISBN : 9780197556818

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The Collapse of Constitutional Remedies by Aziz Z. Huq Pdf

"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Author : John Agresto
Publisher : Cornell University Press
Page : 184 pages
File Size : 49,9 Mb
Release : 2016-10-15
Category : Law
ISBN : 9781501712913

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The Supreme Court and Constitutional Democracy by John Agresto Pdf

In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Author : Anonim
Publisher : Unknown
Page : 483 pages
File Size : 41,9 Mb
Release : 1966
Category : Electronic
ISBN : OCLC:176661717

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The Constitution and the Supreme Court by Anonim Pdf

Author : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 461 pages
File Size : 47,6 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487523152

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Policy Change, Courts, and the Canadian Constitution by Emmett Macfarlane Pdf

Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

Author : Lawrence Lessig
Publisher : Oxford University Press
Page : 448 pages
File Size : 52,6 Mb
Release : 2019-04-03
Category : Law
ISBN : 9780190932565

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Fidelity & Constraint by Lawrence Lessig Pdf

The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

Author : John R. Vile
Publisher : Rowman & Littlefield Publishers
Page : 574 pages
File Size : 42,8 Mb
Release : 2010-12-28
Category : Law
ISBN : 9781442203860

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Essential Supreme Court Decisions by John R. Vile Pdf

First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.

Author : CHARLES. FRIED
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2008
Category : Electronic
ISBN : 817534668X

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SAYING WHAT THE LAW IS by CHARLES. FRIED Pdf

Author : Nicholas Theodore Aroney,John Kincaid
Publisher : University of Toronto Press
Page : 600 pages
File Size : 52,6 Mb
Release : 2017-04-24
Category : Law
ISBN : 9781487511487

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Courts in Federal Countries by Nicholas Theodore Aroney,John Kincaid Pdf

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.

Author : Steven J. Kautz,Arthur Melzer,Jerry Weinberger
Publisher : University of Pennsylvania Press
Page : 328 pages
File Size : 49,7 Mb
Release : 2011-10-03
Category : Law
ISBN : 9780812221909

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The Supreme Court and the Idea of Constitutionalism by Steven J. Kautz,Arthur Melzer,Jerry Weinberger Pdf

In this volume distinguished constitutional scholars aim to move debate over the Supreme Court beyond the soundbites that divide us to fundamental questions about the nature of constitutionalism.

Author : David Rudenstine
Publisher : Oxford University Press
Page : 345 pages
File Size : 51,8 Mb
Release : 2016
Category : Law
ISBN : 9780199381487

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The Age of Deference by David Rudenstine Pdf

"Rudenstine's [book] traces the [Supreme] Court's role in the rise of judicial deference to executive power since the end of World War II. He [posits that], in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary"--