Law and judicial duty / Philip Hamburger.

Format:

Book

Author/Creator:

Hamburger, Philip, 1957-

Language:

English

Subjects (All):

Judicial review--United States--History.

Judicial review.

Judicial process--United States--History.

Judicial process.

Constitutional law--United States.

Constitutional law.

Physical Description:

1 online resource (705 p.)

Edition:

1st ed.

Place of Publication:

Cambridge, Mass. : Harvard University Press, 2008.

Language Note:

English

Summary:

Philip Hamburger's Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

Contents:

The hierarchy of law

The shift toward authority

Constitutions

Judicial duty

Independent judgment

Judicial decisions

Authority to expound

No appeal from parliament

Colonial departures

Law and judicial duty

Reason and justice within the law

The range of constitutional decisions and the character of judicial duty

Holding legislative acts unconstitutional

A lopsided debate

Not holding legislative acts unconstitutional

Independence

Authority

The inexplicitness of constitutions

Federal clarifications.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

ISBN:

9780674264236

0674264231

9780674038196

0674038193

OCLC:

503050812