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The Court, the Constitution, and the History of Ideas
- Article from:
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Vanderbilt Law Review
- Article date:
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May 1, 2008
- Author:
- Gerber, Scott D
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Copyright informationCopyright Vanderbilt Law Review May 2008. Provided by ProQuest LLC. (Hide copyright information)
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This Article argues that constitutional law scholars pay too much attention to political outcomes and too little to political philosophy. The Article posits that identifying the U.S. Supreme Court's role in the American constitutional order-the question scholars have been trying to answer for gen
erations-is an exegesis in the history of ideas, rather than a lawyer's brief about policy results. Although the Article is ultimately about a number of the most significant political philosophers of all time (e.g., Aristotle, Montesquieu), it examines the dominant constitutional theory of the present day-popular constitutionalism-to illustrate why scholars need to spend less time reacting to recent ...
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Mediated popular constitutionalism.
Michigan Law Review;
August 1, 2003 ;
Friedman, Barry;
787 words
......legal academy concerning judicial review, but at their core these...premise is that the exercise of judicial review is countermajoritarian in...normative scholarship regarding judicial review. (4) Some scholars laud judicial review precisely because of its...view, ...
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The People Themselves: Popular Constitutionalism and Judicial...
Michigan Law Review;
May 1, 2005 ;
Prakash, Saikrishna Yoo, John C.;
787 words
......THEMSELVES: POPULAR CONSTITUTIONALISM AND JUDICIAL REVIEW. By Larry...indications of judicial review's constitutionality...assault on judicial review. The other...celebration of popular constitutionalism--remain pretty...reading of it. Judicial ...
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The People Themselves: Popular Constitutionalism and Judicial Review
Rhetoric & Public Affairs;
April 1, 2007 ;
Gibson, Katie L;
787 words
......Themselves: Popular Constitutionalism and Judicial Review. By Larry...Themselves: Popular Constitutionalism and Judicial Review, highlights...culture of popular constitutionalism, the acceptance of judicial review only meant...
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The People Themselves: Popular Constitutionalism and Judicial Review.(Book...
Stanford Law Review;
October 1, 2004 ;
Williams, Norman R.;
787 words
......PEOPLE THEMSELVES: POPULAR CONSTITUTIONALISM AND JUDICIAL REVIEW. By Larry D. Kramer...2004. INTRODUCTION I. POPULAR CONSTITUTIONALISM AND THE ORIGINS OF...judiciary or the power of judicial review. Nor is it a reprise...endorses the power of judicial ...
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The corporate origins of judicial review.
Yale Law Journal;
December 1, 2006 ;
Bilder, Mary Sarah;
787 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...
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Judicial review shows its set of teeth
The Scotsman;
October 6, 2000 ;
David Arnott;
760 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...
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Some alarming aspects of the legacies of judicial review and of John...
William and Mary Law Review;
March 1, 2002 ;
Presser, Stephen B.;
787 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...
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Judicial review and institutional choice.
William and Mary Law Review;
March 1, 2002 ;
Vermeule, Adrian;
787 words
......time to consider the legacy of judicial review. Only rarely do deeply entrenched doctrines and practices like judicial review become plausible candidates...intellectual agenda. On the one hand, judicial review has gained new vigor in European...
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POPULAR CONSTITUTIONALISM AND THE RULE OF RECOGNITION: WHOSE PRACTICES...
Northwestern University Law Review;
January 1, 2006 ;
Adler, Matthew D;
787 words
......790 B. Popular Constitutionalism, Shallow and Deep...804 INTRODUCTION Is "popular constitutionalism" possible? Much recent constitutional...argues for some variant of "popular constitutionalism"-for some inclusion of popular...
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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...
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Some conservatives fan the flames of resentment of judicial review,...
Chicago Sun-Times;
September 1, 2005 ;
George Will;
744 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...
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Judicial review procedures to be made simpler
The Independent - London;
October 28, 1994 ;
JAMES CUSICK;
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. ...
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Judicial Review: A Layperson's Guide.(Brief Article)(Book Review)
The Advocate;
January 1, 2004 ;
Groberman, Harvey;
573 words
......documents and floppy disk). $30. Judicial review is a complex area of the law...experienced practitioners. The Judicial Review Procedure Act, the statute governing procedural aspects of judicial review, is deceptively brief. Much...
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Important role of the judicial review; Commercial Property.(News)
The News Letter (Belfast, Northern Ireland);
April 3, 2001 ;
400 words
......Lambert Smith Hampton THE concept of judicial review of the decision of public authorities...carry out a judicial or other duty. Judicial review acts as a built-in check in the system...especially in the planning world. Judicial review has, in comparison to other forms...
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