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A Comment On "Legisprudence", Vlad F. Perju
The Supreme Court And Judicial Review: Two Views, Thomas A. Schweitzer
The Supreme Court And Judicial Review: Two Views, Thomas A. Schweitzer
Thomas A. Schweitzer
No abstract provided.
Judicial Review And Diversity, Deseriee A. Kennedy
Judicial Review And Diversity, Deseriee A. Kennedy
Deseriee A. Kennedy
No abstract provided.
The Puzzling Resistance To Judicial Review Of The Legislative Process, Ittai Bar-Siman-Tov
The Puzzling Resistance To Judicial Review Of The Legislative Process, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
Should courts have the power to examine the legislature’s enactment process and strike down statutes enacted contrary to procedural lawmaking requirements? This idea remains highly controversial. While substantive judicial review is well-established and often taken for granted, many judges and scholars see judicial review of the legislative process as utterly objectionable. This Article challenges that prevalent position and establishes the case for judicial review of the legislative process. The Article contends that, ironically, some of the major arguments for substantive judicial review in constitutional theory, and even the arguments in Marbury v. Madison itself, are actually more persuasive when applied …