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Articles 1 - 7 of 7
Full-Text Articles in Law
Judicial Review And American Democracy, Stanley S. Sokul
Judicial Review And American Democracy, Stanley S. Sokul
Michigan Law Review
A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace
Outlaw Blues, Suzanna Sherry
Outlaw Blues, Suzanna Sherry
Michigan Law Review
A Review of Red, White, and Blue: A Critical Analysis of Constitutional Law by Mark Tushnet
Choosing Judges The Democratic Way, Larry Yackle
Choosing Judges The Democratic Way, Larry Yackle
Faculty Scholarship
A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …
In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore
In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore
Seattle University Law Review
This Article will discuss (1) the politics that influenced the drafting of the judicial article (article IV) in the constitutional convention; (2) the election of the first five members of the bench and the backgrounds of those inaugural judges; (3) the particular approach toward judicial review adopted by these five jurists (activism-restraint); and (4) the personal relations among these members of the supreme court. This Article will provide a personal perspective of the first five judges and their court.
Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel
Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel
Publications
No abstract provided.
Review Of Red, White, And Blue: A Critical Analysis Of Constitutional Law By Mark Tushnet, David B. Lyons
Review Of Red, White, And Blue: A Critical Analysis Of Constitutional Law By Mark Tushnet, David B. Lyons
Faculty Scholarship
Mark Tushnet's new book offers no such counsel. Mainly a critique of interpretative theories, its conclusions are profoundly skeptical. Tushnet's central claim is that judicial review and constitutional theory cannot possibly perform their assigned functions, and that liberalism is to blame. This review will focus on those facets of the book.
Constitutional Arguments: Interpretation And Legitimacy In Canadian Constitutional Thought, Joel C. Bakan
Constitutional Arguments: Interpretation And Legitimacy In Canadian Constitutional Thought, Joel C. Bakan
Osgoode Hall Law Journal
The author provides an analysis and critique of the various types of arguments advanced by Canadian constitutional jurists to establish formal grounds for the legitimacy of judicial review under the Canadian constitution. He demonstrates how two variables - constitutional truth and trust in the judiciary - are relied upon in past and contemporary debates about constitutional adjudication to construct four different types of argument about the legitimacy of judicial review. Each of these types of argument is then criticized in the context of recent Charter decisions. It is argued that none of them can sustain the burden of legitimating judicial …