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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... result reached . When the judicial process is a collective rather than individual enterprise , as it is with the Supreme Court and other appellate tribunals , disagreement may exist and be ex- pressed with respect to one or both aspects ...
... result of if not the actual basis for a significant aspect of the amendment's evolution . His sug- gestion that the Fourteenth Amendment incorporated the Bill of Rights previewed a critical twentieth century debate . The terms of the ...
... result , but for its contri- bution of principle for the longer term . Holmes's introduction of the clear - and ... results for several decades , how immediate and profound the risk of harm had to be for speech to be regulated . As ...
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 |