Read more
Informationen zum Autor Philip Hamburger is Maurice and Hilda Friedman Professor of Law! Columbia Law School! and author of Separation of Church and State (Harvard). Klappentext Challenging many modern assumptions about the extent of judicial power! and by exploring judicial duty in its social context! this book raises sobering questions about the nature of law and the possibility of government under law. Zusammenfassung Hamburger traces the early history of what is today called “judicial review.” The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. Inhaltsverzeichnis * Preface * Introduction * I. Law *1. The Hierarchy of Law *2. The Shift Toward Authority *3. Constitutions * II. Judicial Duty *4. Judicial Duty *5. Independent Judgment *6. Judicial Decisions *7. Authority to Expound * III. Judicial Duty as to Legislative Acts *8. No Appeal from Parliament *9. Colonial Departures * IV. Law and Judicial Duty in America *10. Law and Judicial Duty *11. Reason and Justice within the Law *12. The Range of Constitutional Decisions and the Character of Judicial Duty * V. Judicial Duty in America as to Legislative Acts *13. Holding Legislative Acts Unconstitutional *14. A Lopsided Debate *15. Not Holding Legislative Acts Unconstitutional * VI. Independence and Authority in America *16. Independence *17. Authority * VII. Inexplicit *18. The Inexplicitness of Constitutions *19. Federal Clarifications * Conclusion * Appendix I. Bonham's Case * Appendix II. The Institutio Legalis: Law and Justice in New Jersey * Appendix III. Common Law Adjacent to Statutes: Religious Taxes in Massachusetts * Chronological Table of State Decisions * Index ...
