The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays PDF Download

Author: Edward Samuel Corwin
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 204

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Author: William Edward Nelson
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 168

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Book Description
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.

Author: Steven G. Calabresi
Publisher: Oxford University Press
ISBN: 0190075775
Category : Law
Languages : en
Pages : 457

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Book Description
"This book examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include: the United States; the United Kingdom; France; Germany; Japan; Italy; India; Canada; Australia; South Korea; Brazil; South Africa; Indonesia; Mexico; and the European Union. The book considers five different theories, which help to explain the origins of judicial review, and it identifies which theories apply best in the various countries discussed. It considers not on what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over times. The positive account of what causes the origins and growth of judicial review in so many very different countries over such a long period of time has normative implications"--

Author: Edward Samuel Corwin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 200

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Book Description

Author: Christopher Wolfe
Publisher: Rowman & Littlefield Publishers
ISBN: 1461645468
Category : Philosophy
Languages : en
Pages : 463

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Book Description
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.

Author: Robert Lowry Clinton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 352

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Author: Kermit L. Hall
Publisher: Articles-Garlan
ISBN:
Category : Law
Languages : en
Pages : 838

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Book Description
This work is a collection of essays discussing the historical theory and political debate over judicial review in America. The repeated scholarly and public considerations of the legitimacy of judicial review by an unelected judiciary throughout American history are reviewed these articles.

Author: Keith E. Whittington
Publisher: University Press of Kansas
ISBN: 0700630368
Category : Political Science
Languages : en
Pages : 432

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Book Description
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.

Author: Kermit L. Hall
Publisher:
ISBN:
Category :
Languages : en
Pages : 60

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Book Description

Author: James M. Masnov
Publisher: McFarland
ISBN: 1476690529
Category : Political Science
Languages : en
Pages : 253

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Book Description
Judicial review--the power of the United States Supreme Court to nullify unconstitutional laws--has been attacked and celebrated. The Court's authority has become even more significant over the past century as it has grown to occupy a more central role in the lives of Americans. The result has been for politicians of both major political parties (as well as scholars) to decry the antidemocratic nature of the judicial power. This book argues that judicial review ensures the survival of the republic, outlining the Court's responsibilities as an instrument of rights theory and its history of defending the principles established during the American founding that assert the primacy of certain inherent rights. Centering on the power of judicial review, chapters detail the Court's reputation as a steward of the Constitution, protecting the rights of the people against the encroachments of the executive and legislative branches--and against the fleeting passions of the people.