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The Myth of Judicial Activism: Making Sense of Supreme Court Decisions (Yale University Press Publishers), 272pp. ISBN 0-300-11468-0; James B. Kelly, July 30, 2006. Governing With the Charter: Legislative And Judicial Activism And Framer's Intent (Law and Society Series) (UBC Press Publishers), 336pp. ISBN 0-7748-1212-5; Rory Leishman, May 2006.
Hugo Black and William O. Douglas led the opposing faction that agreed the court should defer to Congress in matters of economic policy, but felt the judicial agenda had been transformed from questions of property rights to those of individual liberties, and in this area courts should play a more central role. Warren's belief that the judiciary ...
The Rehnquist Court was the period in the history of the Supreme Court of the United States during which William Rehnquist served as Chief Justice.Rehnquist succeeded Warren E. Burger as Chief Justice after the latter's retirement, and Rehnquist held this position until his death in 2005, at which point John Roberts was nominated and confirmed as Rehnquist's replacement.
The Lochner era is best understood not as a politically motivated binge of judicial activism, but rather as a sincere and principled, if sometimes anachronistic, “effort to maintain one of the central distinctions in nineteenth-century constitutional law — the distinction between valid economic regulation” calculated to serve the general ...
Burger also often questioned the need for a judicial remedy in cases; Burger was a strong believer that courts could not cure all injustices, and Burger was not reluctant to limit the standing of plaintiffs. [1]
The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended. The Constitution is said to develop alongside society's needs and provide a more malleable tool for governments.
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal government only to those expressly, i.e., explicitly and clearly, granted to the government by the United States Constitution.
A ruling of nonjusticiability, in the end, prevents the issue that brought the case before the court from being resolved in a court of law. In the typical case where there is a finding of nonjusticiability due to the political question doctrine, the issue presented before the court is either so specific that the Constitution gives sole power to one of the political branches, or the issue ...