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Political Process Theory (law)
Political process theory is a theory of judicial interpretation championed by American legal scholar John Hart Ely, which argues that judges should focus on maintaining a well-functioning democratic process and guard against systematic biases in the legislative process. Definition Political process theory advocates believe that the best approach of constitutional interpretation is one of representation reinforcement, i.e. improving the democratic process. Proponents believe that judges who reinforce representation play the best normative role.Ely, John Hart. ''Democracy and distrust: A theory of judicial review''. Harvard University Press, 1980.101-04Strauss, David A. "Common law constitutional interpretation." ''The University of Chicago Law Review'' 63.3 (1996): 877-935. The argument also states that the judicial approach is implicit in the Framers' design.88-101 Ely praised the process theory principle, which was thought to have been first expounded in footnote four of the Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Hart Ely
John Hart Ely ( ; December 3, 1938 – October 25, 2003) was an American legal scholar. He was a professor of law at Yale Law School from 1968 to 1973, Harvard Law School from 1973 to 1982, Stanford Law School from 1982 to 1996, and at the University of Miami Law School from 1996 until his death. From 1982 until 1987, he was the 9th dean of Stanford Law School. As a student at Yale Law School, Ely became a member of the legal team of Abe Fortas, contributing to the landmark ruling in ''Gideon v. Wainwright'' that required states to provide legal representation to those who could not afford their own. He continued his legal career as the youngest staff member of the Warren Commission tasked with investigating the assassination of John F. Kennedy. After clerking for Justice Earl Warren, he went on to study abroad and returned to take a position as a public defender before beginning a distinguished career in academia as a professor at Yale, Harvard, and Stanford. During his sch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harlan F
Harlan is a given name and a surname which may refer to: Surname * Abram D. Harlan (1833–1908), American politician from Pennsylvania * Bob Harlan (born 1936 Robert E. Harlan), American football executive * Bruce Harlan (1926–1959), American Olympic diver * Byron B. Harlan (1886–1949), American politician * Byron G. Harlan (1861–1936), American singer * Jack Rodney Harlan (1917–1998), American botanist * James Harlan (Iowa politician), (1820–1899), American politician and lawyer * James Harlan (Kentucky politician) (1800–1863), American politician and lawyer * Jan Harlan (born 1937), German-American film director and producer * John Harlan (announcer) (1925–2017), American television announcer * John Marshall Harlan (1833–1911), United States Union Army officer and Supreme Court Associate Justice * John Marshall Harlan II (1899–1971), American lawyer and jurist, Associate Justice of the United States Supreme Court * Josiah Harlan (1799–1871), Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Bill Of Rights
The United States Bill of Rights comprises the first ten list of amendments to the United States Constitution, amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the Timeline of drafting and ratification of the United States Constitution, ratification of the Constitution and written to address the objections raised by Anti-Federalism, Anti-Federalists. The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as Freedom of speech in the United States, freedom of speech, the Freedom of the press in the United States, right to publish, Freedom of religion in the United States, practice religion, Right to keep and bear arms in the United States, possess firearms, Right to assemble, to assemble, and other natural and legal rights. Its clear limitations on the government's power in judicial and other proceedings include explicit declarations that all powers not specificall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States, citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting Freedman#United States, freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederate States of America, Confederacy were required to ratify it to regain representation in United States Congress, Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court of the United States, Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting Racial segregation in the United States, racial segregation in State school#United St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Counter-majoritarian Difficulty
The counter-majoritarian difficulty (sometimes ''counter-majoritarian dilemma'') is a perceived problem with judicial review of legislative (or popularly-created) laws. As the term suggests, some oppose or see a problem with the judicial branch's ability to invalidate, overrule, or countermand laws that reflect the will of the majority. The counter-majoritarian difficulty is often raised in discussions of United States constitutional law, particularly to discuss the powers of the three branches of the federal government of the United States. Origins Alexander Bickel, a law professor at Yale Law School, coined the term ''counter-majoritarian difficulty'' in his 1962 book, ''The Least Dangerous Branch''. He used the term to describe the argument that judicial review is illegitimate because it allows unelected judges to overrule the lawmaking of elected representatives and thus to undermine the will of the majority. The problem stems from the understanding that a democracy's legitimac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warren Court
The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is often considered the most liberal court in U.S. history. The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways. It has been widely recognized that the court, led by the liberal bloc, created a major " Constitutional Revolution" in U.S. history. The Warren Court brought "one man, one vote" to the United States through a series of rulings, and created the Miranda warning. In addition, the court was both applauded and criticized for bringing an end to ''de jure'' racial segregation in the United States, incorporating the Bill of Rights (i.e. including it in the 14th Amendment Due Process clause), and ending officially sanctioned voluntary prayer in public schools. The period is recognized as the most liberal point that judicial power had ever reached ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitutional Law
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States. The Supreme Court Judicial review Early in its history, in ''Marbury v. Madison'' (1803) and ''Fletcher v. Peck'' (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law. The holding in these cases empowered the Supreme Court to strike down enacted laws that were contrary to the Constitution. In this role, for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Journal Of Legal Studies
''The Journal of Legal Studies'' is a law journal published by the University of Chicago Press focusing on interdisciplinary academic research in law and legal institutions. It emphasizes social science approaches, especially those of economics, political science, and psychology. The journal was established in 1972. Richard Posner Richard Allen Posner (; born January 11, 1939) is an American legal scholar and retired United States circuit judge who served on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chicag ... was a founding editor. The current editors are Adriana Z. Robertson and Sonja B. Starr. References External links * English-language journals Biannual journals University of Chicago Press academic journals Academic journals established in 1972 Law journals {{law-journal-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Klarman
Michael J. Klarman (born 1959) is an American legal historian and scholar of constitutional law. Currently, Klarman is the Kirkland & Ellis Professor at Harvard Law School. Formerly, he was James Monroe Distinguished Professor of Law, Professor of History, and Elizabeth D. and Richard A. Merrill Research Professor at the University of Virginia School of Law. Early life and education Klarman grew up in Baltimore, Maryland. His father, Herbert E. Klarman, was a public health economist. He is the brother of investor Seth Klarman. Klarman holds a J.D. from Stanford Law School, a D.Phil. from Oxford University (where he was a Marshall Scholar) and an M.A. and B.A. from the University of Pennsylvania. His dissertation was titled "The Osborne Judgment: A Legal/Historical Analysis". After his graduation from law school, he clerked for then-Judge Ruth Bader Ginsburg when she was on the United States Court of Appeals for the District of Columbia Circuit. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Interpretation
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. For example, the United States Supreme Court has decided such topics as the legality of slavery as in the ''Dred Scott'' decision, and desegregation as in the '' Brown v Board of Education'' decision, and abortion rights as in the '' Roe v Wade'' decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term ''judicial conservatism'' can vary in meaning depending on what is trying to be "conserved". One can look at judicial int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
