Origins of the Federal Judiciary - Essays on the Judiciary Act of 1789

Zusatztext This book is an important contribution because of the overall quality and depth of its essays. It provides valuable and quite various insights into a wide range of issues. Klappentext The Judiciary Act of 1789 established a federal court system, an experiment that became one of the outstanding features of American democracy. This volume of essays analyzes the Act from political and legal perspectives while enhancing our understanding of the history of the judiciary and its role in constitutional interpretation. Using previously unavailable material, the first essays examine the importance of political considerations and the intended implementations of constitutional imperatives. They also focus on such topics as ambiguities in the Judiciary Act's division of jurisdiction between state courts and the newly created federal system; early interpretations of various sections of the Act; whether the Act presupposed a federal common law; the problem of dual office holdings by judges; and early perceptions of justice in the courts of frontier America. The book concludes with an essay exploring the attitudes of the Framers towards judicial independence. This interdisciplinary look at one of the most important statues enacted by Congress will interest not only law professors, historians, and political scientists, but also judges, lawyers, and anyone interested in constitutional law and legal history. Zusammenfassung Any discussion of the factors contributing to the longevity of the US Constitution must devote great attention to the development of the federal judiciary. Yet surprisingly, little has been written about the origins of the Judiciary Act of 1789, the legislation that established the federal court system. This volume analyses the Judiciary Act from political, economic and legal perspectives, bringing together the insights of leading scholars from a number of different fields.

Produktdetails

• Autoren: Maeva Marcus, Maeva (Resident Director Marcus, Professor Maeva (George Washington Univers Marcus
• Mitarbeit: Maeva Marcus (Herausgeber), Maeva (Resident Director Marcus (Herausgeber), Marcus Maeva (Herausgeber)
• Verlag: Oxford University Press
• Sprache: Englisch
• Produktform: Fester Einband
• Erschienen: 13.08.1992
• EAN: 9780195067217
• ISBN: 978-0-19-506721-7
• Seiten: 320
• Themen: Sozialwissenschaften, Recht,Wirtschaft > Recht > Sonstiges; USA, LAW / Legal History, LAW / Courts, LAW / Essays, 18th century, c 1700 to c 1799, United States of America, USA, Jurisprudence & general issues, C 1700 To C 1800, Jurisprudence and general issues, Constitutional & administrative law, Constitutional and administrative law: general