The Doctrine Of Judicial Review
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The Doctrine of Judicial Review
Author | : Edward Samuel Corwin |
Publsiher | : The Lawbook Exchange, Ltd. |
Total Pages | : 190 |
Release | : 2010-11 |
Genre | : Constitutional history |
ISBN | : 9781584770114 |
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Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts.
The Doctrine of Judicial Review
Author | : Edward S. Corwin |
Publsiher | : Routledge |
Total Pages | : 172 |
Release | : 2017-07-05 |
Genre | : Law |
ISBN | : 9781351483490 |
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This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states' rights. Another concerns the Pelatiah Webster Myth the notion that the US Constitution was the work of a single person.In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court to review acts of Congress. "We, the People" examines the rights of states in relation to secession and nullification. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the constitution. "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties.Matthew J. Franck's new introduction to this centennial edition situates Corwin's career in the history of judicial review both as a concept and as a political reality.
Boundaries of Judicial Review
Author | : Lorne Sossin |
Publsiher | : Scarborough, Ont. : Carswell |
Total Pages | : 246 |
Release | : 1999 |
Genre | : Law |
ISBN | : 0459239287 |
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The Doctrine of Judicial Review Its Legal and Historical Basis and Other Essays Classic Reprint
Author | : Edward Samuel Corwin |
Publsiher | : Unknown |
Total Pages | : 196 |
Release | : 2015-09-27 |
Genre | : History |
ISBN | : 1330619153 |
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Excerpt from The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays In the preparation of another volume, not yet published, I have encountered a number of questions involving controversies important to the student of American Constitutional History, an extended consideration of which however in those pages I felt to be out place. The following studies present my conclusions with regard to these questions, and the grounds of them. In the principal essay, I have endeavored to present judicial review as the outcome of a view of legislative power which arose in consequence of the astonishing abuse of their powers by the early State legislatures but which was first appreciated for its full worth by the Convention that framed the Constitution of the United States. Incidentally I have, I trust, laid to rest that most inconclusive "explanation" of judicial review which dwells on the idea that a legislative measure contrary to the constitution is not law and never was. The alleged explanation totally ignores the crucial question, which is, Why is it the judicial view of the constitution that legislative measures have to conform to? The article on the Dred Scott Decision treats of the most dramatic episode in the history of judicial review, though one that is by no means the best illustrative of the spirit of the institution. 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.
The American Doctrine Of Judicial Supremacy
Author | : Charles Grove Haines |
Publsiher | : Sagwan Press |
Total Pages | : 402 |
Release | : 2015-08-27 |
Genre | : Electronic Book |
ISBN | : 1340567547 |
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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.
The Doctrine of Judicial Review
Author | : Edward Samuel Corwin |
Publsiher | : Unknown |
Total Pages | : 177 |
Release | : 1986 |
Genre | : Electronic Book |
ISBN | : OCLC:797141026 |
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The Doctrine of Judicial Review
Author | : Edward Samuel Corwin |
Publsiher | : Unknown |
Total Pages | : 177 |
Release | : 1966 |
Genre | : Constitutional history |
ISBN | : LCCN:14019188 |
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Weak Courts Strong Rights
Author | : Mark Tushnet |
Publsiher | : Princeton University Press |
Total Pages | : 288 |
Release | : 2009-07-20 |
Genre | : Political Science |
ISBN | : 9781400828159 |
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Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.