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Judicial Review: The Meaning of the Judicial Power

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter applies the concepts of interpretation and construction to the contentious issue of judicial review and examines the originalist evidence that overwhelmingly supports the judicial power ... More


The Early Republic: Establishment

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0002
Subject:
Political Science, American Politics

This chapter examines the establishment of the federal judiciary from the beginning of George Washington's first term as president in 1789 to the end of Thomas Jefferson's first term in 1805. It ... More


On Law, Politics, and Judicialization

Martin Shapiro and Alec Stone Sweet

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.001.0001
Subject:
Political Science, Comparative Politics

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and ... More


The Civil War and Reconstruction: Empowerment

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0004
Subject:
Political Science, American Politics

This chapter focuses on the empowerment of the federal judiciary from the Compromise of 1850 (admitting California into the Union as a free state and unofficially signifying the beginning of the ... More


The Puzzle of Judicial Institution Building

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0001
Subject:
Political Science, American Politics

This book explores the historical processes contributing to the rise of the federal judiciary as an independent and autonomous institution of governance in the American political system. More ... More


Judicial Power in a Political World

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0008
Subject:
Political Science, American Politics

This concluding chapter synthesizes the book's main findings about the architectonic politics of judicial institution building and contextualizes them within contemporary debates. It also reflects ... More


Path Dependence, Precedent, and Judicial Power

Alec Stone Sweet

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0004
Subject:
Political Science, Comparative Politics

This paper is the first part of a much longer version (co-authored by Maragaret McCown) that was presented at the Colloquium on Law, Economics, and Politics, at the Law School, New York University, ... More


The Gilded Age and the Progressive Era: Restructuring

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0005
Subject:
Political Science, American Politics

This chapter considers the restructuring of the federal judiciary during the period of Republican dominance from the inauguration of Rutherford B. Hayes in 1877 to the inauguration of Woodrow Wilson ... More


Modern America: Specialization

Justin Crowe

in Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.003.0007
Subject:
Political Science, American Politics

This chapter examines the specialization of the federal judiciary from the start of World War II in 1939 to the election of Bill Clinton's presidential successor in 2000. Coming out of the New Deal, ... More


The Federal Government

Thomas Lundmark

in Power & Rights in US Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368727
eISBN:
9780199867530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368727.003.0003
Subject:
Law, Constitutional and Administrative Law

The structure of the federal government of the United States is characterized by a pronounced application of the principle of separation of powers. A discussion of that principle provides a ... More


A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787

Scott Douglas Gerber

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199765874
eISBN:
9780199896875
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765874.001.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

This book provides a critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. The first chapter begins by ... More


From Monologue to Dialogue: The Relationship between UK Courts and the European Court of Human Rights

Merris Amos

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0006
Subject:
Law, Human Rights and Immigration

In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of ... More


Theorizing the origins of bills of rights

David Erdos

in Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.003.0003
Subject:
Political Science, Comparative Politics

The first part of this chapter explores in detail the Postmaterialist Trigger Thesis (PTT) explanation of bill of rights genesis in internally stable, advanced democracies. It argues that, as a ... More


Restoring the Lost Constitution

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0015
Subject:
Law, Constitutional and Administrative Law

This concluding chapter argues that the original meaning of the entire Constitution, as amended, is much more libertarian than the one selectively enforced by the Supreme Court. It cites the evidence ... More


The Political System

Carlo Guarnieri

in The Power of Judges: A Comparative Study of Courts and Democracy

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198298359
eISBN:
9780191685422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298359.003.0004
Subject:
Law, Legal Profession and Ethics

This chapter examines the relationship between the judiciary and the broader political system. The focus here is on aspects of the political system that affect judges in democratic regimes. Both ... More


The Separation of Powers

Geoffrey Marshall

in Constitutional Theory

Published in print:
1980
Published Online:
March 2012
ISBN:
9780198761211
eISBN:
9780191695148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198761211.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the doctrine of ‘separation of powers’, suggesting that it is one of the most confusing in the vocabulary of political and constitutional thought. In relation to the ... More


On the Importance of Not Being Elected

Pierre Rosanvallon

in Democratic Legitimacy: Impartiality, Reflexivity, Proximity

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691149486
eISBN:
9781400838745
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691149486.003.0010
Subject:
Political Science, Political Theory

This chapter considers the issue of whether or not it is democratic for a handful of unelected judges to be able to impose their views on the representatives of the people. For nearly a century, ... More


Massachusetts: A “Safety-Valve” Theory of Judicial Independence

Scott Douglas Gerber

in A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199765874
eISBN:
9780199896875
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765874.003.0016
Subject:
Law, Constitutional and Administrative Law, Legal History

Massachusetts was among the most consequential of the original thirteen states. Many of the events that led to the Declaration of Independence took place there: the Boston Massacre, the Boston Tea ... More


Fundamental Common Law Rights and Equality

T.R.S. Allan

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0008
Subject:
Law, Constitutional and Administrative Law

In Australia, the State and Commonwealth constitutions may independently reconcile parliamentary sovereignty and the rule of law. A harmony of constitutional doctrine is obtained, without recourse to ... More


Delegating Rights Protection: The Rise of Bills of Rights in the Westminster World

David Erdos

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199557769
eISBN:
9780191594380
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199557769.001.0001
Subject:
Political Science, Comparative Politics

This book explores bill of rights outcomes in four countries — Australia, Canada, New Zealand, and the United Kingdom — whose development exhibits an interesting combination of both commonality and ... More


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