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Worth A Thousand Words

The Supreme Court and the Judicial Function PDF Author: Philip B. Kurland
Publisher: University of Chicago Press
ISBN: 9780226464015
Category : Law
Languages : en
Pages : 287

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Book Description
The papers in this collection are drawn from the annual The Supreme Court Review, which, since its inception in 1960, has been regarded by such legal scholars as Robert F. Drinnan, S. J., as "An indispensable, universally quoted work of the highest scholarship regarding the world's most influential tribunal." Now some of the most important contributions to the Review have been brought together in paperback editions that focus on issues that are becoming increasingly relevant to the ordinary citizen's daily life.

The Supreme Court and the Judicial Function

The Supreme Court and the Judicial Function PDF Author: Philip B. Kurland
Publisher: University of Chicago Press
ISBN: 9780226464015
Category : Law
Languages : en
Pages : 287

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Book Description
The papers in this collection are drawn from the annual The Supreme Court Review, which, since its inception in 1960, has been regarded by such legal scholars as Robert F. Drinnan, S. J., as "An indispensable, universally quoted work of the highest scholarship regarding the world's most influential tribunal." Now some of the most important contributions to the Review have been brought together in paperback editions that focus on issues that are becoming increasingly relevant to the ordinary citizen's daily life.

The Supreme Court and the Judicial Function

The Supreme Court and the Judicial Function PDF Author: Philip B. Kurland
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 287

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Book Description


Judicial Function in Constitutional Limitation of Governmental Power

Judicial Function in Constitutional Limitation of Governmental Power PDF Author: Frank R. Strong
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 178

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Book Description
Strong identifies two concepts that have evolved for effectuation of limitation: indirect limitations (in which the defining feature is one of checks and balances) and direct limitations (which has its origins in the conviction that there exists a higher law forbidding abuse of mortal power). The Constitution of 1787 was saturated with indirect limitations, primarily separation of powers in the new federal government and federalism for divided authority between it and the States. The designed function for the Judiciary was to review this fractionation for distortions of it; friction would indirectly reduce thrusts of arbitrary behavior. Judicial Review involved no authority to determine constitutionality. The Bill of Rights of 1791 introduced several direct limitations, mostly procedural. The major substantive provisions were those of the First Amendment and Due Process of the Fifth. Chief Justice John Marshall asserted that the Supreme Court possessed authority to determine, with finality, all portions of the Constitution. Although effectively refuted, the usurpation prevailed and Constitutional Review has been tolerated. The record of the Court's exercise of this function is poor. Especially with direct substantive limitations there have been inexcusable misrepresentations of major guarantees. Some may be attributed to ignorance of constitutional history, but in this century there is growing evidence of intent to disregard that history as irrelevant for today. Thus arises the threat of an Imperial Judiciary, an arrogant and dangerous affront to the design of the Founders for government by consent of the governed. Strong urges major revisions in the Judicial Branch. He proposes two Supreme Courts - one for Judicial Review, the other for Constitutional Review - in response to the differing functions of review. Jurists of the latter would serve for a term of years and their power to determine constitutionality would be reduced to that of Advisory Review where, by genuine interpretation, the Constitution is silent. Amendment would be only by Article V.

Political Questions in the Courts

Political Questions in the Courts PDF Author: Yaacov S. Zemach
Publisher: Detroit : Wayne State University Press
ISBN:
Category : Constitutional law
Languages : en
Pages : 296

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Book Description


Judicial Review and Judicial Power in the Supreme Court

Judicial Review and Judicial Power in the Supreme Court PDF Author: Kermit L. Hall
Publisher: Routledge
ISBN: 1135691533
Category : Law
Languages : en
Pages : 402

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Book Description
Available as a single volume or as part of the 10 volume set Supreme Court in American Society

The Separation of Powers and Legislative Interference in Judicial Process

The Separation of Powers and Legislative Interference in Judicial Process PDF Author: Peter Gerangelos
Publisher: Bloomsbury Publishing
ISBN: 1847315003
Category : Law
Languages : en
Pages : 328

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Book Description
This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).

Argentine Constitutional Law

Argentine Constitutional Law PDF Author: Santos Primo Amadeo
Publisher:
ISBN:
Category : Argentina
Languages : en
Pages : 243

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Book Description
A study of the constitutional law and system of Argentina, with special reference to the role of the judicial department in maintaining the federal system and protecting individual rights. Examines the similarities and differences between the constitutional law of the United States and Argentina.

Constitutional Law

Constitutional Law PDF Author: Harvard Law Review
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 539

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Book Description


The Culture of Judicial Independence

The Culture of Judicial Independence PDF Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188339
Category : Political Science
Languages : en
Pages : 639

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Book Description
This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.

Judges and Unjust Laws

Judges and Unjust Laws PDF Author: Douglas E Edlin
Publisher: University of Michigan Press
ISBN: 0472034154
Category : Law
Languages : en
Pages : 321

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Book Description
Are judges legally obligated to enforce an unjust law?