'To Save the People from Themselves'
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'To Save the People from Themselves'
The Emergence of American Judicial Review and the Transformation of Constitutions
Steinfeld, Robert J.
Cambridge University Press
12/2023
450
Mole
Inglês
9781108984591
15 a 20 dias
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Introduction. Part I. Legislatures and Legislation under the First American Constitutions: 1. The largely 'legislative' character of the ('Horizontal' and 'Vertical') constitutional checks placed on colonial legislatures; 2. The traditional nature of the first written constitutions and the role of legislatures as their primary expounders; 3. Restoring 'legislative' review of the laws: the New York Constitution of 1777; Part II. The Emergence Of American Judicial Review: 1779-1787: I. 1779-1782; 4. Supplementing traditional legislative 'revision' with judicial review: the New Jersey case of Holmes V. Walton, 1779-1780; 5. The debate over judicial review in the Virginia court of appeals: the case of the prisoners, 1782; II. 1784-1787: 6. The reappearance of 'vertical' judicial review in the case of Rutgers v. Waddington, New York, 1784; 7. The successful battle to establish judicial review in New Hampshire: the ten pound act cases, 1786-87, and their aftermath; 8. Judicial review and legislative supremacy in Rhode Island: the case of Trevett v. Weeden, 1786, and its aftermath; 9. The struggle between traditional constitutionalism and the constitution of judicial review in North Carolina: the case of Bayard v. Singleton, 1786-87, and its aftermath; Part III. Judicial Review at the Federal Convention: 10. Judicial review and the fate of traditional constitutionalism at the federal convention.
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Introduction. Part I. Legislatures and Legislation under the First American Constitutions: 1. The largely 'legislative' character of the ('Horizontal' and 'Vertical') constitutional checks placed on colonial legislatures; 2. The traditional nature of the first written constitutions and the role of legislatures as their primary expounders; 3. Restoring 'legislative' review of the laws: the New York Constitution of 1777; Part II. The Emergence Of American Judicial Review: 1779-1787: I. 1779-1782; 4. Supplementing traditional legislative 'revision' with judicial review: the New Jersey case of Holmes V. Walton, 1779-1780; 5. The debate over judicial review in the Virginia court of appeals: the case of the prisoners, 1782; II. 1784-1787: 6. The reappearance of 'vertical' judicial review in the case of Rutgers v. Waddington, New York, 1784; 7. The successful battle to establish judicial review in New Hampshire: the ten pound act cases, 1786-87, and their aftermath; 8. Judicial review and legislative supremacy in Rhode Island: the case of Trevett v. Weeden, 1786, and its aftermath; 9. The struggle between traditional constitutionalism and the constitution of judicial review in North Carolina: the case of Bayard v. Singleton, 1786-87, and its aftermath; Part III. Judicial Review at the Federal Convention: 10. Judicial review and the fate of traditional constitutionalism at the federal convention.
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