|
|
The People Themselves: Popular Constitutionalism and Judicial Review.(Book Review)
- Article from:
-
Stanford Law Review
- Article date:
-
October 1, 2004
- Author:
-
|
Copyright informationCOPYRIGHT 2004 Stanford Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
THE PEOPLE THEMSELVES: POPULAR CONSTITUTIONALISM AND JUDICIAL REVIEW. By Larry D. Kramer. Oxford: Oxford University Press, 2004.
INTRODUCTION
I. POPULAR CONSTITUTIONALISM AND THE ORIGINS OF DEPARTMENTALISM
II. IS IT MARBURY'S FAULT?
III. THE RISE OF JUDICIAL SUPREMACY
IV. THE TRIUMPH OF JUDICIAL SUPREMACY
V. JUDICIAL SUPREMACY AND THE MODERN COURT
CONCLUSION
INTRODUCTION
Larry Kramer is upset, and he thinks you should be upset, too. And, if Kramer is right, we should be upset, for what Kramer describes in this probing and elegant work is nothing less than a constitutional coup d'etat. According to Kramer, the federal judiciary has usurped the role of we the ...
Related newspaper, magazine, and journal articles:
|
Political Foundations of Judicial Supremacy.(Book review)
Yale Law Journal;
March 1, 2008 ;
700+ words
......Foundations of Judicial Supremacy BY KEITH WHITTINGTON...GROWTH OF JUDICIAL SUPREMACY III. THE PEOPLE...INTRODUCTION Judicial supremacy is the new judicial review. From the...attacks on judicial supremacy...vision of judicial supremacy ...
|
|
Federalist no. 78 and Brutus' neglected thesis on judicial supremacy.
Constitutional Commentary;
March 22, 2006 ;
700+ words
......principle of judicial review in 1803...subject of judicial review, (2) many...parameters of judicial review as recognized...discussion of judicial review in Federalist...only for judicial review, but for judicial supremacy. (6) ...
|
|
The People Themselves: Popular Constitutionalism and Judicial...
Michigan Law Review;
May 1, 2005 ;
700+ words
......argument against judicial review and judicial supremacy. First, Kramer...argument against judicial supremacy need not (and...assault on judicial review. The other...rejection of judicial supremacy and the celebration...reading of it. Judicial ...
|
|
Judicial supremacy and its discontents.
Constitutional Commentary;
June 22, 2003 ;
700+ words
......nobody defend judicial supremacy anymore...the U.S.S. Judicial Review--over time...the U.S.S. Judicial Supremacy--the sea is...that power of judicial review, and many...establish not just judicial review but judicial supremacy, the ...
|
|
Marbury and the retreat from judicial supremacy.
Constitutional Commentary;
June 22, 2003 ;
700+ words
......the modern practice of judicial review, by which we mean a...that might be called judicial review but that bears little...the modern doctrine of judicial supremacy. (2) Yet the relationship...a uniquely legal and judicial responsibility. The...CONSTITUTIONALISM AND THE ORIGINS ...
|
|
COLLOQUIUM LECTURER QUESTIONS DESTRUCTIVENESS OF 'JUDICIAL SUPREMACY'
US Fed News Service, Including US State News;
October 2, 2006 ;
700+ words
......contemporary practices of judicial review and supremacy are...interesting thing about judicial review is nowhere in the Constitution...new idea: Instead of judicial review, they call it judicial supremacy," Dr. Smith said...of the Constitution. Judicial ...
|
|
The corporate origins of judicial review.
Yale Law Journal;
December 1, 2006 ;
700+ words
......new historical account of the origins of judicial review. It argues that judicial review arose from a longstanding English corporate...later, this practice gained a new name: judicial review. The widespread acceptance of this name...
|
|
Judicial review shows its set of teeth
The Scotsman;
October 6, 2000 ;
700+ words
...The number of cases for judicial review has been growing over the past...melot's successful application for judicial review, is an illustration of the...misunderstood, legal remedy of judicial review. Camelot, the present National...
|
|
The People Themselves: Popular Constitutionalism and Judicial Review
Rhetoric & Public Affairs;
April 1, 2007 ;
700+ words
......Popular Constitutionalism and Judicial Review. By Larry D. Kramer. New York...Popular Constitutionalism and Judicial Review, highlights the Court's decision...chapters discuss the origins of judicial review, the struggle of the founding...and the eventual acceptance of ...
|
|
Some alarming aspects of the legacies of judicial review and of John...
William and Mary Law Review;
March 1, 2002 ;
700+ words
......were to speak about the legacy of judicial review in general, and the legacy of Chief...version. I begin with the legacy of judicial review, and follow that with some consideration...the legal academy on these matters. JUDICIAL REVIEW: ORIGINALLY REPUBLICAN, NOT DEMOCRATIC...
|
|
Judicial review and institutional choice.
William and Mary Law Review;
March 1, 2002 ;
700+ words
......intellectual agenda. On the one hand, judicial review has gained new vigor in European...American, have recently questioned judicial review root-and-branch (3)--a significant...thoroughgoing opposition to judicial review was the mark of a crank. Judicial review is ...
|
|
Presidential Challenges to Judicial Supremacy and the Politics of...
Polity;
March 22, 2001 ;
700+ words
......rren's assertion, judicial supremacy in constitutional...exercise of judicial supremacy is often regarded...challenges to judicial supremacy suggests that...is not that judicial review is expendable...narrative of judicial supremacy asserts. ...
|
|
Argument over judicial review persists
Daily Breeze;
September 1, 2005 ;
586 words
......arising from the tension between judicial review -- the invalidation of laws enacted...conservatives fan the flames of resentment of judicial review, calling for judicial "restraint...conservative reasons for regarding judicial review as a valuable restraint on majorities...
|
|
Some conservatives fan the flames of resentment of judicial review,...
Chicago Sun-Times;
September 1, 2005 ;
700+ words
......arising from the tension between judicial review -- the invalidation of laws enacted...conservatives fan the flames of resentment of judicial review, calling for judicial "restraint...conservative reasons for regarding judicial review as a valuable restraint on majorities...
|
|
Judicial review procedures to be made simpler
The Independent - London;
October 28, 1994 ;
520 words
......and simplification of procedures for judicial review - the increasingly popular legal avenue...English law, regards the 1977 changes to judicial review mechanisms as one of its main achievements...1980 there were 500 applications for judicial review. Last year there were 3,000. ...
|
See all results.
Or, try our
Advanced Search.
|