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The people, in a way.(The People Themselves: Popular Constitutionalism and Judicial Review)(Book Review)
The People Themselves: Popular Constitutionalism and Judicial Review, by Larry D. Kramer (Oxford, 376 pp., $29.95)
FOR students of the Supreme Court, a crucial question is how to approach what the late Yale law professor Alexander Bickel called the "counter-majoritarian difficulty." Is the final authority to interpret the Constitution--of a democratic republic--really possessed by nine jurists who are not elected and who serve for life, subject to no meaningful threat of removal no matter what decisions they render? Constitutional-law scholarship is divided roughly in two on this question. Some (mostly, but not exclusively, political scientists and historians) ...
- The corporate origins of judicial review.
- Magazine article from: Yale Law Journal Bilder, Mary Sarah December 1, 2006 700+ words
...authority of the people, the judiciary...a new name: judicial review. The widespread...law accounts, judicial review is legitimized...structuralist accounts, judicial review reflects the...belief in the people's or popular...
- Judicial review and institutional choice.
- Magazine article from: William and Mary Law Review Vermeule, Adrian March 1, 2002 700+ words
...the agency costs of judicial review, its moral hazard...Hamilton's defense of judicial review in The Federalist No...multiple agents: the people, as principal, appoint...relative agency costs of judicial review and legislative action...
- Judicial review before Marbury.
- Magazine article from: Stanford Law Review Treanor, William Michael November 1, 2005 700+ words
...from the claim that judicial review was not part of the...original conception of judicial review was so expansive that...his recent book, The People Themselves (6...holds that, while judicial review was part of the original...
- Limiting Agreements For Broader Judicial Review Of Arbitral Awards Under The...
- News wire article from: Mondaq Business Briefing May 20, 2008 700+ words
...contract of the limited scope of judicial review specified under those provisions...parties could agree on broader judicial review of arbitral awards outside the purview of the FAA's expedited judicial review mechanisms. The Hall Street...
- Some alarming aspects of the legacies of judicial review and of John Marshall.
- Magazine article from: William and Mary Law Review Presser, Stephen B. March 1, 2002 700+ words
...objective, and limited notion of judicial review. (10) Hamilton's argument...Marshall in Marbury, was that judicial review was a conservative doctrine...granted to them by the sovereign people. (11) Judicial review was not to be a license for...
- The People Themselves: Popular Constitutionalism and Judicial Review.(Brief...
- Magazine article from: Michigan Law Review Prakash, Saikrishna Yoo, John C. May 1, 2005 700+ words
THE PEOPLE THEMSELVES...CONSTITUTIONALISM AND JUDICIAL REVIEW. By Larry...authorized judicial review of federal...granted that the people were the final...them, in The People Themselves...foundations of judicial review remain, but...
- Judicial review of administrative immigration decisions: can the doctrine of...
- Magazine article from: Florida Bar Journal Pakula, David B. Lataif, Lawrence P. January 1, 2004 700+ words
...immigration benefits. Historically, judicial review has served as an important check on...aliens in the United States. Without judicial review, unlimited discretion over the fates...group of statutory provisions limiting judicial review of immigration decisions made during...
- Judicial review and political empowerment: abortion in Spain.(Special Issue on...
- Magazine article from: West European Politics Barreiro, Belen October 1, 1998 700+ words
THE TENSION BETWEEN JUDICIAL REVIEW AND DEMOCRACY In most democracies...constitution. The main reason for judicial review is that individual rights are...rights.(2) Criticism of judicial review has grown in importance as a...
Source: HighBeam Research, The people, in a way.(The People Themselves: Popular...