Judicial Review in State Supreme Courts, 1981-1985
Author | : Craig F. Emmert |
Publisher | : |
Total Pages | : 464 |
Release | : 1989 |
Genre | : Appellate courts |
ISBN | : |
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Author | : Craig F. Emmert |
Publisher | : |
Total Pages | : 464 |
Release | : 1989 |
Genre | : Appellate courts |
ISBN | : |
Author | : Mary Porter |
Publisher | : Praeger |
Total Pages | : 264 |
Release | : 1982-07-28 |
Genre | : Law |
ISBN | : |
Author | : Bernard Ernest Witkin |
Publisher | : |
Total Pages | : 244 |
Release | : 1977 |
Genre | : Annotations and citations (Law) |
ISBN | : |
Author | : John Agresto |
Publisher | : Cornell University Press |
Total Pages | : 188 |
Release | : 1984 |
Genre | : Law |
ISBN | : 9780801492778 |
Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.
Author | : United States. Supreme Court |
Publisher | : |
Total Pages | : 158 |
Release | : 1981* |
Genre | : Law reports, digests, etc |
ISBN | : |
Author | : Laura Langer |
Publisher | : State University of New York Press |
Total Pages | : 189 |
Release | : 2012-02-01 |
Genre | : Political Science |
ISBN | : 0791489248 |
Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.
Author | : Stephen C. Halpern |
Publisher | : Free Press |
Total Pages | : 456 |
Release | : 1982 |
Genre | : Political Science |
ISBN | : |
Author | : Mark Tushnet |
Publisher | : Princeton University Press |
Total Pages | : 255 |
Release | : 2000-07-24 |
Genre | : Law |
ISBN | : 1400822971 |
Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
Author | : David P. Currie |
Publisher | : University of Chicago Press |
Total Pages | : 518 |
Release | : 1992-09 |
Genre | : Law |
ISBN | : 0226131092 |
Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary
Author | : Glendon A. Schubert |
Publisher | : Free Press |
Total Pages | : 296 |
Release | : 1963 |
Genre | : Law |
ISBN | : |