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Democracy

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Articles 421 - 437 of 437

Full-Text Articles in Constitutional Law

4. Mark (Novel), Matthew Lipman Jan 1980

4. Mark (Novel), Matthew Lipman

Secondary School Curriculum

The high school has been vandalized, and Mark is arrested at the scene of the crime. He claims he is a “victim of society.” But what is society? What forces hold it together or work to pull it apart? These are questions to which Mark and his classmates address themselves. What they seek are ways of evaluating social institutions, rules and values, so as to determine how well society is able to live up to the ideals which, at one time or another, have been set for it. They pay particular attention to the nature of law and crime, tradition, …

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Log-Rolling And Judicial Review, Michael J. Waggoner Jan 1980

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.

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The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz Jan 1979

The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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Judicial Protection Of Minorities, Terrance Sandalow May 1977

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …

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Judicial Review: Its Influence Abroad, Donald P. Kommers Jan 1976

Judicial Review: Its Influence Abroad, Donald P. Kommers

Journal Articles

The doctrine of judicial review, having been nourished in a legal culture and socio-political environment favorable to its growth, is America’s most distinctive contribution to constitutional government. Judicial review as historically practiced in the United States was duly recorded abroad, with varying degrees of influence and acceptability. During the nineteenth and early twentieth centuries, the influence of judicial review was most conspicuous in Latin America, where it was adopted as an articulate principle of numerous national constitutions, while most European nations consciously rejected it as incompatible with the prevailing theory of separation of powers. Germany, Austria, and Switzerland, although marginally …

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Comparative Judicial Review And Constitutional Politics, Donald P. Kommers Jan 1975

Comparative Judicial Review And Constitutional Politics, Donald P. Kommers

Journal Articles

Donald P. Kommers reviews Richard D. Baker's Judicial Review in Mexico: A Study of the Amparo Suit (Austin and London: University of Texas Press, 1971); B. L. Strayer's Judicial Review of Legislation in Canada (Toronto: University of Toronto Press, 1968); Heinz Laufer's Verfassungsgerichtsbarkeit und politischer Prozess (Tiibingen: J.C.B. Mohr [Paul Siebeck ], 1968); Mauro Cappelletti's Judicial Review in the Contemporary World (Indianapolis: The Bobbs-Merrill Company, Inc., 1971); Edward McWhinney's Judicial Review (4th ed.) (Toronto: University of Toronto Press, 1969); Richard E. Johnston's The Effect of Judicial Review on Federal-State Relations in Australia, Canada, and the United States (Baton Rouge: Louisiana …

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Book Reviews, Wythe Holt, Kermit L. Hall Oct 1974

Book Reviews, Wythe Holt, Kermit L. Hall

Vanderbilt Law Review

The recent death of Earl Warren reminds us, rather sadly, that the great Chief Justice and "his" Court have been subjected to withering and sometimes vicious and unfair criticism from within the academic circle.' The heart of the criticism (most charitably put) has been that the Warren Court hastily, simplistically, and even unnecessarily attempted to elevate egalitarianism into a high,perhaps the highest, social value and standard for constitutional and governmental decision making. We like to think that we believe in a democracy free for all-that is the way we portray ourselves propagandistically to the rest of the world-but the truth …

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Dietze: America's Political Dilemma, Paul G. Kauper Dec 1968

Dietze: America's Political Dilemma, Paul G. Kauper

Michigan Law Review

A Review of America's Political Dilemma by Gottfried Dietze

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Jay's Federalist - Treatise For Free Government, Gottfried Dietze Jan 1957

Jay's Federalist - Treatise For Free Government, Gottfried Dietze

Maryland Law Review

No abstract provided.

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Separation Of Powers Doctrine: Historical Sources, Albert Conway Oct 1956

Separation Of Powers Doctrine: Historical Sources, Albert Conway

NYLS Law Review

No abstract provided.

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Patterson: Presidential Government In The United States. The Unwritten Constitution, Michigan Law Review Jan 1948

Patterson: Presidential Government In The United States. The Unwritten Constitution, Michigan Law Review

Michigan Law Review

A Review of PRESIDENTIAL GOVERNMENT IN THE UNITED STATES. THE UNWRITTEN CONSTITUTION. By C. Perry Patterson

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A Lawyer Looks At Liberty, Clarence E. Manion Oct 1940

A Lawyer Looks At Liberty, Clarence E. Manion

Indiana Law Journal

No abstract provided.

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Democracy And Constitutional Government, John J. Parker Oct 1938

Democracy And Constitutional Government, John J. Parker

Indiana Law Journal

Address of Hon. John J. Parker, Judge of the United States Circuit Court of Appeals, Fourth Circuit, at the Annual Meeting of the Indiana State Bar Association, Sept. 16, 1938.

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Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips May 1938

Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips

Michigan Law Review

We are living in a day when democracy is receding and the totalitarian state is advancing on many fronts. Three great nations have accepted as their governmental system authoritarian collectivism. Under the totalitarian systems, the right of the individual to think freely, to engage in free enterprise, to enjoy personal liberty, and to work out his own destiny is taken away. Instead, there is a regimentation of human beings, where everyone's thought, everyone's time, everyone's labor, and at last everyone's life, are at the disposal of a supreme authority. Of course, such a system means the vesting of tremendous powers …

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Shall Constitutional Government Endure?, Samuel B. Pettengill Aug 1937

Shall Constitutional Government Endure?, Samuel B. Pettengill

Indiana Law Journal

Address of Hon. Samuel B. Pettengill, Member of Congress, at the Annual Meeting of the Indiana State Bar Association, July 9, 1937

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The Lawyers' Part In Preserving Individual Liberty, J. S. Wilkerson Dec 1933

The Lawyers' Part In Preserving Individual Liberty, J. S. Wilkerson

Indiana Law Journal

Delivered before the Indiana State Bar Association at Lake Wawasee- July 7, 1933.

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The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley Dec 1874

The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley

Articles

A short time ago, the whole country was plunged into a condition of anxiety and excitement by the conflicting claims to the executive authority in one of the States, and by the preparations made, and measures set on foot, to support them.

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