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Author: W. F. Dodd Publisher: Forgotten Books ISBN: 9781334797279 Category : Law Languages : en Pages : 22
Book Description
Excerpt from The Growth of Judicial Power No evils arising from such legislation could be more far - reaching than those that might come to our system of government if the judiciary, abandoning the sphere assigned to it by the fundamental law, should enter the domain of legislation, and upon grounds merely of justice or reason or wisdom annul statutes that had received the sanction of the pe0p1e's representatives. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: W. F. Dodd Publisher: Forgotten Books ISBN: 9781334797279 Category : Law Languages : en Pages : 22
Book Description
Excerpt from The Growth of Judicial Power No evils arising from such legislation could be more far - reaching than those that might come to our system of government if the judiciary, abandoning the sphere assigned to it by the fundamental law, should enter the domain of legislation, and upon grounds merely of justice or reason or wisdom annul statutes that had received the sanction of the pe0p1e's representatives. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William M. Meigs Publisher: Forgotten Books ISBN: 9781528073110 Category : Law Languages : en Pages : 254
Book Description
Excerpt from The Relation of the Judiciary to the Constitution It is the conviction of this danger that has led me once more to take up the subject of Judicial Power. To-day many have treated the various phases of the origin of the American Doctrine, and a vast deal of matter bearing on its history and nature has been gathered together by various writers; but I feel that the subject will bear still another treatment. This should, in my Opinion, be altogether historical in method, and some phases of the very early growth of that Doctrine are happily now far more accessible than was the case even less than a decade ago. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Walter Fairleigh 1880-1960 Dodd Publisher: Wentworth Press ISBN: 9781363204649 Category : History Languages : en Pages : 28
Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Sir John Quick Publisher: ISBN: 9781330990476 Category : Law Languages : en Pages : 564
Book Description
Excerpt from The Judicial Power of the Commonwealth: With the Practice and Procedure of the High Court The object of this work is to place in the hands of Students and Legal Practitioners a general survey and exposition of the judicial power of the Australian Commonwealth, coupled with a detailed analysis of the Judiciary Act 1903 and the High Court Practice and Procedure Art 1903, passed by the Federal Parliament for the purpose of bringing that power into full and effective operation; to show, as a whole, the legal constitution and organisation of the High Court, the distribution of the judicial power among the High Court and the State Courts, and the rules regulating the practice and procedure of the High Court in the exercise of its original as well as appellate jurisdictions. These Federal Acts have been to some extent moulded according to American models, with modifications and supplementary provisions from English and Colonial Statutes. Where sections have been taken from those sources the authors have noted the leading decisions of the Courts with respect to them. The rules of practice and procedure for the conduct of original and appellate proceedings in the High Court are based on the latest and most approved adaptations of the English Judicature Rules, as in force in some of the Supreme Courts of the Australian States. These rules have been illustrated and exemplified by extracts from Australian practice decisions, whilst marginal notes give cross-references to the corresponding English Rules, so that the practitioner, by turning to the "Annual Practice," can at once ascertain the English authorities applicable. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Stephen Breyer Publisher: Harvard University Press ISBN: 0674269365 Category : Law Languages : en Pages : 113
Book Description
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author: Blaine Free Moore Publisher: Forgotten Books ISBN: 9781333421878 Category : Law Languages : en Pages : 164
Book Description
Excerpt from The Supreme Court and Unconstitutional Legislation In the text, though state cases have been discussed, an analysis has been made only of the federal statutes held void by the Supreme Court, but in the appendices an attempt has been made to list all cases in which state enactments were declared unconstitutional, by the same court, because of con ict with the federal con stitution. It has been found very difficult to compile even an approximately correct list. Not only are the cases in question scattered among a large number of others, but additional difficulties were encountered. In some instances the information given in the official re ports is scarcely sufficient to determine with exactness whether a statute has been annulled, or whether only an interpretation of it has been given. In other cases a statute has not been held void in words, but the judgment is in opposition to the statute and the result is to de stroy the force of the act. In a considerable number of cases the act directly complained of and checked was that of an administrative body, but as in the majority of instances the state courts had previously held that such action was authorized by law, the conclusion is that a statute was in whole or in part held void. Also in vari ous of the cases listed statutes were held to be void only as they applied to particular facts or a particular set of facts. In all instances, however, the activities of a state were checked, (which is really the important fact), be cause of con ict with the federal constitution, though in some few cases possibly a statute was not technically annulled. The list given may serve as a basis, and later investigations may correct any errors of omission or commission. The list has, however, been carefully checked, and, within the limits set forth above, an attempt has been made to have it as accurate as possible. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."
Author: John Lord Campbell Publisher: Forgotten Books ISBN: 9781333246761 Category : Law Languages : en Pages : 434
Book Description
Excerpt from Atrocious Judges: Lives of Judges Infamous as Tools of Tyrants and Instruments of Oppression The origin of British liberty, by an ancient, constant, and affectionate tradition, has uniformly been traced back to the times of the anglo-saxons. It was, however, by judicial, far more than by legislative institutions, that among those progenitors of ours private rights and public liberty were guarantied. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: the late Bernard Schwartz Publisher: Oxford University Press ISBN: 0199840555 Category : Law Languages : en Pages : 477
Book Description
When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
Author: W. F. Dodd
Author: W. F. Dodd
Author: William M. Meigs
Author: Walter Fairleigh 1880-1960 Dodd
Author: Walter Fairleigh Dodd
Author: Ralph K. Winter
Author: Sir John Quick
Author: Stephen Breyer
Author: Blaine Free Moore
Author: John Lord Campbell
Author: the late Bernard Schwartz