The Rise of Modern Judicial Review: From Judicial Interpretation to Judge-Made LawThis 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. |
From inside the book
Results 1-5 of 63
Page 9
... applying law to the facts of a particular case . But no law is perfect . The sources of its imperfec- tion are various : the foibles of the men who make them , the limits imposed by the generality of the law , the limits on the ability ...
... applying law to the facts of a particular case . But no law is perfect . The sources of its imperfec- tion are various : the foibles of the men who make them , the limits imposed by the generality of the law , the limits on the ability ...
Page 19
... applied to doctors . " } Fifth , " the most universal and effectual way of discovering the true meaning of a law ... applying general rules to particular cases . Blackstone's concluding admonition regarding equity fur- nishes a valuable ...
... applied to doctors . " } Fifth , " the most universal and effectual way of discovering the true meaning of a law ... applying general rules to particular cases . Blackstone's concluding admonition regarding equity fur- nishes a valuable ...
Page 20
... applied before the 1790s , when the issue of construction itself became a topic of intense political dispute . If the Federalist does not settle issues of interpretation , it will , as Madison noted , at least indicate the generally ...
... applied before the 1790s , when the issue of construction itself became a topic of intense political dispute . If the Federalist does not settle issues of interpretation , it will , as Madison noted , at least indicate the generally ...
Page 26
... applying it to other hypothetical cases : the creation of manufacturing and trading monopolies to regulate commerce and borrow money ; the granting of bounties and making of regulations for agriculture , manufacture , and commerce to ...
... applying it to other hypothetical cases : the creation of manufacturing and trading monopolies to regulate commerce and borrow money ; the granting of bounties and making of regulations for agriculture , manufacture , and commerce to ...
Page 34
... applying the provisions of the Constitution , the debates and incidental decisions of the Convention can have no authoritative character .... [ t ] he legitimate meaning of the Instrument must be derived from the text itself ; or if a ...
... applying the provisions of the Constitution , the debates and incidental decisions of the Convention can have no authoritative character .... [ t ] he legitimate meaning of the Instrument must be derived from the text itself ; or if a ...
Other editions - View all
Common terms and phrases
American applied approach argued argument basis Bill of Rights broad Burger Court Cardozo Choper clear and present commerce clause Congress consti constitutional interpretation constitutional law constitutional provisions constitutionality context contract clause debate decisions defendants dissent doctrine Dred Scott due process clause economic effect enforce equal protection established establishment clause example exercise fact federal Federalist Fifth Amendment Fourteenth Amendment framers fundamental grounds guarantee Hamilton Holmes Ibid important intent interest interpretation and judicial interpretivism interstate commerce involved issue judges judicial activism judicial power judiciary Justice laissez-faire legislature liberty limits Madison majority Marbury Marshall Marshall's meaning ment modern judicial review nature opinion particular political present danger principles prohibition question reasonable regulation rules of interpretation separation of powers simply standard statute substantive due process Supreme Court theory tion tional traditional tution unconstitutional upheld violated vote Warren Court Wheaton words