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Marbury Versus Madison: Documents And Commentary, Mark Graber, Michael Perhac

Mark Graber

Marbury versus Madison combines documents and analytical essays timed for the bicentennial year (2003) of one of the most important Supreme Court cases. This timely collection will explain: the constitutional, political, philosophical background to judicial review the historical record leading to this landmark case the impact of the decision since 1803 its impact on the world stage, especially for new and emerging democratic nations. Also includes a listing of all the Supreme Court cases citing Marbury an an annotated Marbury v. Madison.

A Comment On "Legisprudence", Vlad F. Perju

Vlad Perju

No abstract provided.

In Defense Of Judicial Prudence, Nicholas Buccola, Aila Wallace

Nicholas Buccola

This essay has two basic aims. First, we want to show that the three major theories of judicial review – majoritarianism, perfectionism, and originalism – have at their core commitments to “cardinal virtues” – temperance, justice, fortitude. In the first part of the essay, we describe each of the cardinal virtues in conjunction with a description of each judicial philosophy and demonstrate how each virtue fits at the center of each philosophy. Second, we want to show how a full appreciation of the cardinal virtues should lead us to endorse “prudentialism” as the best approach to judicial review in the …

The Supreme Court And Judicial Review: Two Views, Thomas A. Schweitzer

Thomas A. Schweitzer

No abstract provided.

"Academic Challenge" Cases: Should Judicial Review Extend To Academic Evaluations Of Students?, Thomas A. Schweitzer

Thomas A. Schweitzer

No abstract provided.

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

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 …

Structural Guarantees For The State Aid Field. The Community's Last Best Hope Against National Arbitrariness., Angelica Ericsson

Angelica Ericsson

In line with current tendencies of ‘new modes of governance’, this essay introduces judicial tools, which strike a balance between the respect for national autonomy in individual assessments and the effective implementation of Community law. The balance is struck through the demands of structural guarantees; administrative safeguards, which weed out arbitrary national decision-making. These administrative safeguards are particularly needed in areas where the Member States of the EU have been granted a wide margin of discretion.

Examples of demands for structural guarantees are the provision of transparent and accessible legislation and administrative procedures based on objective criteria, as well as …