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. |
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Page ix
... judicial activism might be employed , but did not expend much effort on the foundations and legitimacy of modern judicial power . A combination of different factors changed that in the 1970s . Republican judicial appointments seemed to ...
... judicial activism might be employed , but did not expend much effort on the foundations and legitimacy of modern judicial power . A combination of different factors changed that in the 1970s . Republican judicial appointments seemed to ...
Page x
... judicial power . Liberal legal intellectuals , who once felt somewhat at bay on these issues , can breathe a bit easier , for the time being at least . On the question of expansive modern judicial power , they were never close to losing ...
... judicial power . Liberal legal intellectuals , who once felt somewhat at bay on these issues , can breathe a bit easier , for the time being at least . On the question of expansive modern judicial power , they were never close to losing ...
Page xiii
... judicial activism and its actual and potential consequences . My main purpose for the present , however , is to provide a better framework for the recurring debate about the proper extent of judicial power by showing three things ...
... judicial activism and its actual and potential consequences . My main purpose for the present , however , is to provide a better framework for the recurring debate about the proper extent of judicial power by showing three things ...
Page xiv
From Judicial Interpretation to Judge-Made Law Christopher Wolfe. so that they can be taken seriously . Whether readers ... judicial power . The Institute for Educational Affairs made this book possible by provid- ing two grants that ...
From Judicial Interpretation to Judge-Made Law Christopher Wolfe. so that they can be taken seriously . Whether readers ... judicial power . The Institute for Educational Affairs made this book possible by provid- ing two grants that ...
Page 3
... judicial review . What was once a distinctively judicial power , essentially different from legislative power , has become merely another variant of legislative power.1 Indeed , it would not be an exaggera- tion to say that the ...
... judicial review . What was once a distinctively judicial power , essentially different from legislative power , has become merely another variant of legislative power.1 Indeed , it would not be an exaggera- tion to say that the ...
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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