Results 201 to 210 of about 663 (246)
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On the Struggle for Judicial Supremacy
Law and Society Review, 1996Given that democratization is an ongoing, dynamic process, what explains the emergence and maintenance of some types of political institutions and the decline of others? The answer, we argue, lies not in the intentional design of long-run constitutional principles but rather in the short-run strategic choices of political actors. While many would agree
Lee Epstein
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Decoupling Judicial Review from Judicial Supremacy
Law and Philosophy Library, 2016In previous work, I have characterized one of the two constitutive features of the new general model of constitutionalism adopted over the last 30 years in Canada, New Zealand, the United Kingdom, and two sub-national units in Australia as decoupling judicial review from judicial supremacy.
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Judicial Review and Judicial Supremacy
SSRN Electronic Journal, 2014This paper attempts to identify a particular constitutional evil -- namely, judicial supremacy -- and to distinguish the objection to judicial supremacy from the broader case that can be made against judicial review. Even if one supports judicial review, one ought to have misgivings about the prospect of judicial supremacy.
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Constitutional Dialogue and Judicial Supremacy
SSRN Electronic Journal, 2010This paper analyzes constitutional dialogue by comparing a constitutional system that (almost) entrenches judicial supremacy - the United States - with a constitutional system that seeks to reconcile a judicial and legislative role in constitutional interpretation - Canada. The argument has three parts.
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Judicial Supremacy as Orthodoxy
2004Abstract To the general public, even the educated public, constitutional law consists of various cases that wend their way to the U.S. Supreme Court, which periodically decides the meaning of the Constitution and communicates that fact to a waiting nation. Advocates of this model occasionally acknowledge that Congress, the President, and
Neal Devins, Louis Fisher
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2018
Judicial supremacy is a concept frequently employed in both domestic and comparative constitutional theory but rarely carefully defined and systematically analyzed. Scholars typically either assume its meaning or quickly state how they are using the term before warming to their major theme, focusing on some other aspect of judicial supremacy: how did ...
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Judicial supremacy is a concept frequently employed in both domestic and comparative constitutional theory but rarely carefully defined and systematically analyzed. Scholars typically either assume its meaning or quickly state how they are using the term before warming to their major theme, focusing on some other aspect of judicial supremacy: how did ...
openaire +1 more source
The Struggle for Judicial Supremacy
The Yale Law Journal, 1941Harry Shulman, Robert H. Jackson
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