The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-made LawRowman & Littlefield, 1994 - 447 halaman This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books. |
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Halaman 3
... legislative power , has become merely another variant of legislative power.1 Indeed , it would not be an exaggera- tion to say that the emergence of judge - made constitutional law has been the most striking characteristic of our ...
... legislative power , has become merely another variant of legislative power.1 Indeed , it would not be an exaggera- tion to say that the emergence of judge - made constitutional law has been the most striking characteristic of our ...
Halaman 4
... legislative or executive act that conflicted with it . The difference between these early courts and later ones was not that they were loath to assert judicial perogatives . Chief justices such as John Marshall and Roger Taney , whose ...
... legislative or executive act that conflicted with it . The difference between these early courts and later ones was not that they were loath to assert judicial perogatives . Chief justices such as John Marshall and Roger Taney , whose ...
Halaman 5
... legislative . Typically , legal realism was entwined with legal positivism , the chief tenet of which was that all law was " made " ( a command of will ) rather than " discovered " ( through reason , in the natural law ) . Legal ...
... legislative . Typically , legal realism was entwined with legal positivism , the chief tenet of which was that all law was " made " ( a command of will ) rather than " discovered " ( through reason , in the natural law ) . Legal ...
Halaman 9
... legislative and executive.16 Nor does this observation that power tends to seek more power reflect a simply cynical belief that human beings are dominated by gross or narrow self - interest and pursue only it . Those who are most ...
... legislative and executive.16 Nor does this observation that power tends to seek more power reflect a simply cynical belief that human beings are dominated by gross or narrow self - interest and pursue only it . Those who are most ...
Halaman 10
... legislative activity ( controversy being generally restricted to how this power should be em- ployed , actively or with restraint ) , the court has never been willing to proclaim this . While many people will accuse the Court of having ...
... legislative activity ( controversy being generally restricted to how this power should be em- ployed , actively or with restraint ) , the court has never been willing to proclaim this . While many people will accuse the Court of having ...
Isi
IV | 17 |
V | 18 |
VI | 20 |
VII | 24 |
VIII | 37 |
IX | 39 |
XI | 41 |
XII | 51 |
LIX | 219 |
LX | 222 |
LXI | 223 |
LXIII | 230 |
LXIV | 239 |
LXV | 241 |
LXVI | 242 |
LXVII | 248 |
XIII | 56 |
XIV | 63 |
XV | 71 |
XVI | 73 |
XVII | 74 |
XVIII | 76 |
XIX | 80 |
XX | 84 |
XXI | 90 |
XXIII | 97 |
XXIV | 101 |
XXV | 116 |
XXVI | 121 |
XXVII | 123 |
XXIX | 127 |
XXX | 131 |
XXXI | 138 |
XXXII | 140 |
XXXIII | 144 |
XXXV | 148 |
XXXVI | 150 |
XXXVII | 153 |
XXXVIII | 156 |
XXXIX | 160 |
XL | 164 |
XLI | 166 |
XLII | 168 |
XLIII | 169 |
XLIV | 170 |
XLV | 172 |
XLVI | 178 |
XLVII | 181 |
XLVIII | 182 |
XLIX | 184 |
L | 188 |
LI | 192 |
LII | 195 |
LIII | 199 |
LIV | 205 |
LVI | 207 |
LVII | 209 |
LVIII | 216 |
LXVIII | 256 |
LXIX | 258 |
LXX | 259 |
LXXI | 262 |
LXXII | 265 |
LXXIII | 268 |
LXXIV | 275 |
LXXV | 277 |
LXXVI | 281 |
LXXVII | 282 |
LXXVIII | 286 |
LXXIX | 289 |
LXXX | 292 |
LXXXI | 294 |
LXXXII | 298 |
LXXXIII | 307 |
LXXXIV | 310 |
LXXXV | 313 |
LXXXVI | 315 |
LXXXVII | 318 |
LXXXVIII | 321 |
LXXXIX | 323 |
XC | 325 |
XCI | 327 |
XCII | 329 |
XCIII | 336 |
XCIV | 343 |
XCV | 352 |
XCVI | 359 |
XCVII | 360 |
XCVIII | 365 |
XCIX | 369 |
C | 377 |
CI | 379 |
CII | 381 |
CIII | 384 |
CIV | 397 |
CV | 403 |
433 | |
441 | |
445 | |
Edisi yang lain - Lihat semua
The Rise of Modern Judicial Review: From Judicial Interpretation to Judge ... Christopher Wolfe Pratinjau terbatas - 1994 |
The Rise of Modern Judicial Review: From Constitutional Interpretation to ... Christopher Wolfe Tampilan cuplikan - 1994 |
The Rise of Modern Judicial Review: From Constitutional Interpretation to ... Christopher Wolfe Tampilan cuplikan - 1994 |
Istilah dan frasa umum
American applied approach argued argument basis Bill of Rights broad Burger Court Cardozo Choper clear and present commerce clause Congress consti constitutional interpretation constitutional law constitutional provisions constitutionality context contract clause debate decisions defendants dissent doctrine Dred Scott due process clause economic effect enforce equal protection established establishment clause example exercise fact federal Federalist Fifth Amendment Fourteenth Amendment framers fundamental grounds guarantee Hamilton Holmes Ibid important intent interest interpretation and judicial interpretivism interstate commerce involved issue judges judicial activism judicial power judiciary Justice laissez-faire legislature liberty limits Madison majority Marbury Marshall Marshall's meaning ment Modern Judicial Review nature opinion particular political present danger principles prohibition question reasonable regulation rules of interpretation separation of powers simply standard statute substantive due process Supreme Court theory tion tional traditional tution unconstitutional upheld violated vote Warren Court Wheaton words
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