Results 271 to 280 of about 392,708 (322)
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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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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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On the Struggle for Judicial Supremacy
Law & 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
Jack Knight, Lee Epstein
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The Politics of Judicial Supremacy
The Journal of Law and Economics, 1961As A MATTER of history modern democracy and the competitive political party system arose together. The fascists and the communists have shown that they die together. Indeed it seems reasonably clear that democracy cannot exist on a national scale without an effective party system.
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The Political Foundations of Judicial Supremacy
, 2021Keith E. Whittington
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Overcoming Judicial Supremacy through Constitutional Amendment: Some Critical Reflections*
Ratio Juris, 2021M. C. M. D. L. Torre
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Judicial Supremacy and Nationhood
2001Abstract It is no accident that proponents of judicial supremacy use a word like “anarchy” in describing the alternatives. The deeper fear raised by the possibility of unsettled constitutional meaning is of open conflict and legal chaos.
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Seeking Supremacy: The Pursuit of Judicial Power in Pakistan
Journal of Development Studies, 2023E. Haider
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The Struggle with Judicial Supremacy
1998Abstract In the summer of 1937, the Four Horsemen began to put themselves out to pasture. Justice Van Devanter retired June 2, 1937; Justice Sutherland followed him on January 18, 1938. Due to illness Justice Butler did not participate in any of the cases heard during the 1939 term; he died in Washington on November 16, 1939.
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