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Judicial Review Or Confrontation
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Book Synopsis Judicial Review Or Confrontation? by : Hans Raj Khanna
Download or read book Judicial Review Or Confrontation? written by Hans Raj Khanna and published by Delhi : Macmillan Company of India. This book was released on 1977 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the question whether the 1973 judgement of the Supreme Court of India in the Kesavananda Bharati case and the concept of a basic structure of a constitution necessarily create a confrontation between the courts and the legislature.
Book Synopsis Judicial Review and the Law of the Constitution by : Sylvia Snowiss
Download or read book Judicial Review and the Law of the Constitution written by Sylvia Snowiss and published by Yale University Press. This book was released on 1990-01-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
Book Synopsis A Matter of Conflict by : Emanuele Ottolenghi
Download or read book A Matter of Conflict written by Emanuele Ottolenghi and published by . This book was released on 1998 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Marbury V. Madison by : William Edward Nelson
Download or read book Marbury V. Madison written by William Edward Nelson and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We take for granted today the tremendous power of the Supreme Court to interpret our laws and overrule any found in conflict with the Constitution. Yet our nation was a quarter-century old before that power of "judicial review" was fully articulated by the Court itself in Marbury v. Madison (1803). William Nelson's concise study of that landmark case provides an insightful and readable guide for students and general readers alike. On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court's standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review, which designates the Court as chief interpreter of the Constitution. Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. He also shows how Marshall managed to shore up the Court's prestige and power rather than have it serve partisan political agendas. Nelson clarifies how the Marshall court sought to preserve what was best in eighteenth-century constitutionalism while accommodating nineteenth-century political realities and also traces the gradual transformation of Marbury-style judicial review since Marshall's time. Although the Supreme Court did not assert its power of judicial review for another fifty-four years after Marbury, it has since then invalidated numerous acts of Congress. From Marshall's modest bid for consensus to what some consider the modern Court's "activist" excesses, judicial review has been a cornerstone in the edifice of the federal judiciary. Nelson's analysis helps us better understand how this fundamental principle emerged and why it still matters.
Book Synopsis Judicial Review and American Democracy by : Albert P. Melone
Download or read book Judicial Review and American Democracy written by Albert P. Melone and published by Iowa State Press. This book was released on 1988 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Review and Democracy by : Howard Edward Dean
Download or read book Judicial Review and Democracy written by Howard Edward Dean and published by . This book was released on 1966 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Marbury V. Madison by : William Edward Nelson
Download or read book Marbury V. Madison written by William Edward Nelson and published by . This book was released on 2000 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.
Book Synopsis Key Issues in Judicial Review by : Neil Williams
Download or read book Key Issues in Judicial Review written by Neil Williams and published by . This book was released on 2014-03-27 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Democracy and Distrust by : John Hart Ely
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Download or read book Judicial review written by and published by . This book was released on 1986 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative Judicial Review by : Erin F. Delaney
Download or read book Comparative Judicial Review written by Erin F. Delaney and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Book Synopsis The Conflict of Judicial Decisions by : William Henry Bailey
Download or read book The Conflict of Judicial Decisions written by William Henry Bailey and published by . This book was released on 1888 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Right to Confrontation in Europe by : Stefano Maffei
Download or read book The Right to Confrontation in Europe written by Stefano Maffei and published by Apollo Books. This book was released on 2012 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates the theory and practice of the Right to Confrontation, and the right of an accused person to examine witnesses against him. This book tackles the question of what values and interests should allow incursions into this fundamental right. A conceptual analysis is developed in order to define the concept of testimonial evidence.
Book Synopsis Judicial Review and Contemporary Democratic Theory by : Scott E. Lemieux
Download or read book Judicial Review and Contemporary Democratic Theory written by Scott E. Lemieux and published by Routledge. This book was released on 2017-11-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.
Book Synopsis Constitutional Confrontation in Hong Kong by : Michael C. Davis
Download or read book Constitutional Confrontation in Hong Kong written by Michael C. Davis and published by Springer. This book was released on 2016-01-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of China's accommodation of Western constitutional values, in the light of the pending return of British Hong Kong to China. The Joint Declaration which governs the return guarantees a continuance of these values, and this study looks at the resulting tensions between East and West.
Book Synopsis The Rise of Modern Judicial Review by : Christopher Wolfe
Download or read book The Rise of Modern Judicial Review written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1994 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judicial Review in the English-speaking World by : Edward McWhinney
Download or read book Judicial Review in the English-speaking World written by Edward McWhinney and published by . This book was released on 1956 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
