Judicial Review in State Supreme Courts, 1981-1985
Author: Craig F. Emmert
Publisher:
Published: 1989
Total Pages: 464
ISBN-13:
DOWNLOAD EBOOKRead and Download eBook Full
Author: Craig F. Emmert
Publisher:
Published: 1989
Total Pages: 464
ISBN-13:
DOWNLOAD EBOOKAuthor: Mary Porter
Publisher: Praeger
Published: 1982-07-28
Total Pages: 264
ISBN-13:
DOWNLOAD EBOOKAuthor: Bernard Ernest Witkin
Publisher:
Published: 1977
Total Pages: 244
ISBN-13:
DOWNLOAD EBOOKAuthor: United States. Supreme Court
Publisher:
Published: 1981*
Total Pages: 158
ISBN-13:
DOWNLOAD EBOOKAuthor: Laura Langer
Publisher: State University of New York Press
Published: 2012-02-01
Total Pages: 189
ISBN-13: 0791489248
DOWNLOAD EBOOKDespite 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: John Agresto
Publisher: Cornell University Press
Published: 1984
Total Pages: 188
ISBN-13: 9780801492778
DOWNLOAD EBOOKDiscusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.
Author:
Publisher:
Published: 1982
Total Pages: 26
ISBN-13:
DOWNLOAD EBOOKAuthor: Stephen C. Halpern
Publisher: Free Press
Published: 1982
Total Pages: 456
ISBN-13:
DOWNLOAD EBOOKAuthor: David P. Currie
Publisher: University of Chicago Press
Published: 1992-09
Total Pages: 518
ISBN-13: 0226131092
DOWNLOAD EBOOKCurrie'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: Mark Tushnet
Publisher: Princeton University Press
Published: 2000-07-24
Total Pages: 255
ISBN-13: 1400822971
DOWNLOAD EBOOKHere 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.