Judicial Review of Constitutional Amendments

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Author :
Publisher : Kemal Gözler
ISBN 13 : 9944141739
Total Pages : 142 pages
Book Rating : 4.9/5 (441 download)

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Book Synopsis Judicial Review of Constitutional Amendments by : Kemal Gözler

Download or read book Judicial Review of Constitutional Amendments written by Kemal Gözler and published by Kemal Gözler. This book was released on 2008 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is an attempt to answer the following questions: Can constitutional courts review the constitutionality of constitutional amendments? If yes, to what extent? It is endeavored, in a comparative perspective, to answer these questions by examining the constitutions of several countries and the case law of the Austrian, German, Hungarian, Romanian, Slovenian and Turkish Constitutional Courts, French Constitutional Council, Indian, Irish, and the United States Supreme Courts.

Unconstitutional Constitutional Amendments

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198768796
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai

Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

The Supreme Court and Judicial Choice

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Author :
Publisher :
ISBN 13 :
Total Pages : 184 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Supreme Court and Judicial Choice by : Paul R. Dimond

Download or read book The Supreme Court and Judicial Choice written by Paul R. Dimond and published by . This book was released on 1989 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Views Supreme Court decisions as just part of the evolutionary process of constitutional interpretation.

Rethinking Constitutional Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Rethinking Constitutional Law by : Earl M. Maltz

Download or read book Rethinking Constitutional Law written by Earl M. Maltz and published by . This book was released on 1994 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maltz reformulates the justification for originalist review and refines originalist theory itself; he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; and he shows that most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.

The People and the Court

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Author :
Publisher :
ISBN 13 :
Total Pages : 258 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The People and the Court by : Charles Lund Black

Download or read book The People and the Court written by Charles Lund Black and published by . This book was released on 1960 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reapportionment of State Legislatures

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Publisher :
ISBN 13 :
Total Pages : 1240 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Reapportionment of State Legislatures by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments

Download or read book Reapportionment of State Legislatures written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments and published by . This book was released on 1965 with total page 1240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers. S.J. Res. 2, to propose an amendment to the U.S. Constitution to reserve to the people of each state power to determine the composition of its legislature and the apportionment of the membership thereof in accordance with law and the provisions of the U.S. Constitution. S.J. Res. 37 and S.J. Res. 38, to propose an amendment to the U.S. Constitution to permit membership in one house of a state legislature composed of more than one house to be apportioned with the approval of the electorate upon a system other than that of equal representation. S.J. Res. 44, to amend the U.S. Constitution to permit any state to apportion one house of its legislature on factors other than population with the approval of a majority of its voters. Includes texts of Supreme Court decisions, p. 1025-1125.

Judicial Review in New Democracies

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521520393
Total Pages : 322 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Judicial Review in New Democracies by : Tom Ginsburg

Download or read book Judicial Review in New Democracies written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2003-07-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.

Court Over Constitution

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Author :
Publisher :
ISBN 13 : 9780899418766
Total Pages : 272 pages
Book Rating : 4.4/5 (187 download)

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Book Synopsis Court Over Constitution by : Edward Samuel Corwin

Download or read book Court Over Constitution written by Edward Samuel Corwin and published by . This book was released on 1957 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acid-free reprint of 1957 edition which is a study of judicial review as an instrument of popular government.

Constitutional Amendment to Restore Legislative Veto

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Author :
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutional Amendment to Restore Legislative Veto by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution

Download or read book Constitutional Amendment to Restore Legislative Veto written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1985 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Amendments

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Publisher :
ISBN 13 :
Total Pages : 46 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Constitutional Amendments by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Constitutional Amendments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1963 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Amendments

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Author :
Publisher :
ISBN 13 :
Total Pages : 76 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Constitutional Amendments by : United States. Congress. Senate. Committee on the Judiciary. Standing Subcommittee on Constitutional Amendments

Download or read book Constitutional Amendments written by United States. Congress. Senate. Committee on the Judiciary. Standing Subcommittee on Constitutional Amendments and published by . This book was released on 1952 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers constitutional amendment proposals to authorize state government appointments for House of Representatives' vacancies during national emergencies, to establish nation-wide primaries for Presidential and Vice Presidential nominations, to reduce the voting age to 18, and to prohibit the election of Federal judiciary members to public office.

Democratizing Constitutional Law

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Author :
Publisher : Springer
ISBN 13 : 3319283715
Total Pages : 328 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Democratizing Constitutional Law by : Thomas Bustamante

Download or read book Democratizing Constitutional Law written by Thomas Bustamante and published by Springer. This book was released on 2016-04-19 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.

Constitutional Amendments

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Author :
Publisher :
ISBN 13 :
Total Pages : 84 pages
Book Rating : 4.0/5 (13 download)

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Book Synopsis Constitutional Amendments by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Constitutional Amendments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1952 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Constitutional Review

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Author :
Publisher :
ISBN 13 :
Total Pages : 504 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Constitutional Review by : Henry Campbell Black

Download or read book The Constitutional Review written by Henry Campbell Black and published by . This book was released on 1917 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes section "Book reviews".

Originalism and the Good Constitution

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Publisher : Harvard University Press
ISBN 13 : 0674727363
Total Pages : 377 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Originalism and the Good Constitution by : John O. McGinnis

Download or read book Originalism and the Good Constitution written by John O. McGinnis and published by Harvard University Press. This book was released on 2013-11-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.

The Constitution and Its Amendments

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Author :
Publisher : Holiday House
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis The Constitution and Its Amendments by :

Download or read book The Constitution and Its Amendments written by and published by Holiday House. This book was released on 1999 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a chronological history of the Constitution's seven articles and twenty-seven amendments to date, placing them in the context of the social, political, and judicial events that formed them, and examining contemporary issues and court cases where constitutional interpretation plays a key role.

The Court Vs. Congress

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Author :
Publisher :
ISBN 13 :
Total Pages : 432 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Court Vs. Congress by : Edward Keynes

Download or read book The Court Vs. Congress written by Edward Keynes and published by . This book was released on 1989 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court's congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court's jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court's independence and authority as defined in the separation of powers clauses of the Constitution.