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Author: Raoul Berger
Publisher: Cambridge, Mass : Harvard University Press
ISBN:
Category : Law
Languages : en
Pages : 458
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Book Description
Annotated text examines the legitimacy of judicial review.
Author: Raoul Berger
Publisher: Cambridge, Mass : Harvard University Press
ISBN:
Category : Law
Languages : en
Pages : 456
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Book Description
Annotated text examines the legitimacy of judicial review.
Author: Charles Howard McIlwain
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 444
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Book Description
Author: Lawrence Lessig
Publisher: Oxford University Press
ISBN: 0190932562
Category : Law
Languages : en
Pages : 448
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Book Description
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: Pran Chopra
Publisher: SAGE Publications
ISBN: 9780761934455
Category : Business & Economics
Languages : en
Pages : 292
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Book Description
Constitutionally, the right to amend the Constitution in India lies with Parliament alone. In recent years, however, and in an atmosphere of judicial activism, the Supreme Court has gone beyond its role as interpreter of the Constitution, becoming its arbiter. There is thus scope in India′s federal structure for an impasse between the Supreme Court and Parliament which will not be resolved by referring to the Constitution. Written against this background, this collection of essays by eminent parliamentarians, jurists, legal experts and journalists examines various aspects of this important issue, including: - the doctrine of `basic structure′, and the complex responses to and consequences of this doctrine; - judicial review in India, in relation to the superiority of Parliament in the UK and the virtually unlimited scope of judicial review by the US Supreme Court; - `due process of law′ and its applicability in India; - the electoral system and the threat of majoritarianism; - federalism in India: Parliament and the state legislatures; - The Supreme Court′s creativity in interpreting the Constitution but the continuing absence of clear constitutional principles despite this. - the Court′s role as the protector of fundamental rights. Written in an accessible style, this book is a of interested to academic reseearchers and practitioners in government studies, constitutional issues, law and politics.
Author: Pennsylvania. Supreme Court
Publisher:
ISBN:
Category : Debt
Languages : en
Pages : 34
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Book Description
Author: Edward S. Corwin
Publisher: Routledge
ISBN: 1351483498
Category : Law
Languages : en
Pages : 173
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Book Description
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.
Author: Joseph Hodges Choate
Publisher:
ISBN:
Category :
Languages : en
Pages : 96
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Book Description
Author: Albert Gallatin Riddle
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 88
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Book Description
Sara J. Spencer and Sarah E. Webster each brought cases before the court in the District of Columbia arguing that they were enfranchised by the Fourteenth Amendment. This pamphlet contains the arguments of their lawyers in this regard and the decision of the supreme court of the District of Columbia, denying their claim.
Author: Hannis Taylor
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 1038
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Book Description
Author: Dormin J. Ettrude
Publisher:
ISBN:
Category :
Languages : en
Pages : 118
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Book Description
