Foreshadows of the Law: Supreme Court Dissents and Constitutional DevelopmentBloomsbury Academic, 18.11.1992 - 168 Seiten The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies. |
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... dissenting opinions . The practice of dissent is well established and probably implicit in a pro- cess of collective ... Dissenting Opinions The dissenting opinion has evolved as a term of art . Typically , a judicial decision consists ...
... dissenting opinions and 1,322 concurring opinions . During Chief Justice Marshall's tenure , dissenting opinions were relatively rare . From 1801 to 1835 , the Court rendered 1,244 opinions that elicited only seventy dissenting opinions ...
... dissenting opinions in the Slaughter - House Cases . Dissenting Opinions in Slaughter - House At odds with the Court's judgment and opinion were Justices Swayne , Bradley and Field . Swayne's dissent largely emphasized agreement with ...
Inhalt
A Constitutional Right in Slavery | 1 |
Images of a New Union | 25 |
Constitutional Redefinition and National Reconstruction | 43 |
Urheberrecht | |
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Foreshadows of the Law: Supreme Court Dissents and Constitutional Development Bloomsbury Publishing Eingeschränkte Leseprobe - 1992 |
Foreshadows of the Law: Supreme Court Dissents and Constitutional Development Donald E. Lively Keine Leseprobe verfügbar - 1992 |