Cantitate/Preț
Produs

"To Save the People from Themselves"

Autor Robert J Steinfeld
en Limba Engleză Paperback – 21 dec 2023
In this expansive history, Robert J. Steinfeld offers a thorough re-interpretation of the origins of American judicial review and the central role it quickly came to play in the American constitutional system. Beginning with Privy Council review of American colonial legislation, the book goes on to provide detailed descriptions of the character of the first American constitutions, showing that they drew heavily on traditional Anglo/American constitutional assumptions, which treated legislatures as the primary interpreters of constitutions. Steinfeld then expertly analyses the central role lawyers and judges played in transforming these assumptions, creating the practice and doctrine of American judicial review in a half dozen state cases during the 1780s. The book concludes by showing that the ideas formulated during those years shaped critical decisions taken by the Constitutional Convention of 1787, which turned the novel practice into a permanent, if still deeply controversial, feature of the American constitutional system.
Citește tot Restrânge

Preț: 21445 lei

Puncte Express: 322

Carte tipărită la comandă

Livrare economică 28 decembrie 26 - 11 ianuarie 27

Livrare prin curier în România Termenul estimat este afișat lângă disponibilitate.
Transport gratuit de la 40000 lei Plată online sau ramburs, în funcție de opțiunile comenzii.
Retur gratuit în 14 zile Comandă securizată și suport în română.

Specificații

ISBN-13: 9781108984591
ISBN-10: 1108984592
Pagini: 452
Ilustrații: Worked examples or Exercises
Dimensiuni: 151 x 225 x 27 mm
Greutate: 0.74 kg
Editura: Cambridge University Press

Notă biografică

Robert J. Steinfeld is Professor of Law Emeritus at the SUNY Buffalo School of Law. He has been a Visiting Scholar at the Charles Warren Center for Studies in American History at Harvard University, and at the Center for the Study of Law and Society at the University of California, Berkeley.

Cuprins

Introduction. Part I. Legislatures and Legislation under the First American Constitutions: 1. The largely 'legislative' character of the ('Horizontal' and 'Vertical') constitutional checks placed on colonial legislatures; 2. The traditional nature of the first written constitutions and the role of legislatures as their primary expounders; 3. Restoring 'legislative' review of the laws: the New York Constitution of 1777; Part II. The Emergence Of American Judicial Review: 1779-1787: I. 1779-1782; 4. Supplementing traditional legislative 'revision' with judicial review: the New Jersey case of Holmes V. Walton, 1779-1780; 5. The debate over judicial review in the Virginia court of appeals: the case of the prisoners, 1782; II. 1784-1787: 6. The reappearance of 'vertical' judicial review in the case of Rutgers v. Waddington, New York, 1784; 7. The successful battle to establish judicial review in New Hampshire: the ten pound act cases, 1786-87, and their aftermath; 8. Judicial review and legislative supremacy in Rhode Island: the case of Trevett v. Weeden, 1786, and its aftermath; 9. The struggle between traditional constitutionalism and the constitution of judicial review in North Carolina: the case of Bayard v. Singleton, 1786-87, and its aftermath; Part III. Judicial Review at the Federal Convention: 10. Judicial review and the fate of traditional constitutionalism at the federal convention.

Descriere

In this expansive history, Steinfeld develops a thorough, systematic account describing how American judicial review was brought into being during the 1780s. This book will be an indispensable resource to those interested in constitutional history, as well as to legal scholars more generally.