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. |
Im Buch
Ergebnisse 1-3 von 36
... grounds of disagreement with the policy itself , is the hallmark of a super- legislature . For critics then and now , a primary concern with substantive due process review is that results are a function of policy disagreement rather ...
... ground of Constitutional purposes , as they have been rationally perceived and historically developed . Though we ... grounds which follow closely on well - accepted principles and criteria . The new decision must take “ its place in ...
... grounds that it directly violated the First Amendment . The influence of Holmes and Brandeis was even more palpable in Herndon v . Lowry . The Herndon case concerned a conviction . under Georgia law for attempting " to incite ...
Inhalt
A Constitutional Right in Slavery | 1 |
Images of a New Union | 25 |
Constitutional Redefinition and National Reconstruction | 43 |
Urheberrecht | |
4 weitere Abschnitte werden nicht angezeigt.
Andere Ausgaben - Alle anzeigen
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 |