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Supremacy and the Supervisory Power

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.002
Subject:
Law, Constitutional and Administrative Law

This chapter concentrates on the meaning of supremacy and its close association in the minds of the Framers of the Constitution with the supervisory powers of King's Bench in England. These ... More


The Making of Tocqueville'S America: Law and Association in the Early United States

Kevin Butterfield

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226297088
eISBN:
9780226297118
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226297118.001.0001
Subject:
History, American History: 19th Century

This book is an exploration of the cultural meanings and legal consequences ascribed to the concept of individual, voluntary membership by the first generations of American citizens, between 1783 and ... More


A Common Law of Membership

Kevin Butterfield

in The Making of Tocqueville'S America: Law and Association in the Early United States

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226297088
eISBN:
9780226297118
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226297118.003.0004
Subject:
History, American History: 19th Century

This chapter will show how the Anglo-American legal culture of the early United States gave a particular shape and bent to the associational landscape that the first generations of American citizens ... More


Determining the Rights of Members

Kevin Butterfield

in The Making of Tocqueville'S America: Law and Association in the Early United States

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226297088
eISBN:
9780226297118
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226297118.003.0007
Subject:
History, American History: 19th Century

This chapter will return to the immediate legacy of the Binns-Duane dispute and the full-blown emergence of the writ of mandamus as a means of judicial superintendence of conflicts between member and ... More


Should Public Law Remedies be Discretionary? *

Tom Bingham

in The Business of Judging: Selected Essays and Speeches

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299127
eISBN:
9780191685620
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299127.003.0013
Subject:
Law, Legal Profession and Ethics, Philosophy of Law

Criminal proceedings almost always arise between the individual and the state, but when lawyers talk of public law they have civil and not ... More


The Supreme Court—I: Advancing Law for Judicial Control*

Tulsi Badrinath

in Chaturvedi Badrinath: Unity of Life and Other Essays

Published in print:
2016
Published Online:
April 2016
ISBN:
9780199465187
eISBN:
9780199086511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199465187.003.0016
Subject:
Philosophy, Philosophy of Religion

Badrinath informs the reader that English law took two great steps towards protecting the individual from the unlawful use, both of legislative and governmental power. The first in the Anisminic case ... More


Boundaries of Forest Land: The Godavarman Case and Beyond1

Shomona Khanna

in Democratizing Forest Governance in India

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198099123
eISBN:
9780199083077
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198099123.003.0007
Subject:
Sociology, Science, Technology and Environment

This chapter presents an insider’s view and detailed critique of the judicial process behind the Godavarman case. It suggests that the Godavarman judgment has further centralized forest management by ... More


Judicial Review of Decisions

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0009
Subject:
Law, Legal History

This chapter is concerned with the history of mechanisms for reviewing judicial and administrative decisions. It begins with the writ of error, which was confined to errors on the face of the record ... More


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