In the first decades of the nineteeth century, legal reformers in the United States strove to standardize courtroom procedures and expand judges' power at the expense of jurors while simultaneously imposing uniformity upon judicial decision making. Reid's previous book, Controlling the Law, offered a case study of this process, focusing on New Hampshire Chief Justice Jeremiah Smith and Governor William Plumer. Now in Legislating the Courts, Reid returns to the careers of Smith and Plumer to continue the story of judicial authority in the early republic.
American constitutional historians and lawyers generally assume that the current doctrine of judicial supremacy not only has always been the rule of constitutional law but was the original intent of the framers of both the federal and state constitutions. This study disproves the validity of that assumption for state constitutionalism by concentrating on the law of New Hampshire—representative of the law in other jurisdictions—between the years 1789 and 1818. Legislating the Courts does not argue that judicial independence was not the desired rule among the framers of the constitutions; instead, by looking at both practice and constitutional theory, this study shows that the reality for the early republic was both judicial dependence and legislative supremacy.
To illustrate his points, Reid refers to three government practices that together with other matters altered judicial salaries—mandated by the constitution to be "permanent" and "honorable"—and that created a dependent judicial system. The first practice, "restoring litigants to their law," gave litigants who had lost a jury trial and had judgments pronounced against them the option to petition the legislature to be relieved from the judgment and to be granted a new jury trial. In the second practice the legislature acted on the premise that it had the authority to investigate the conduct of judges and require them to explain why they behaved in certain ways. Finally, in the third practice, the legislature exercised the authority to remove judges from their tenure at "good behavior" by "legislating" them out of office and then appointing a new bench.
Despite an attempt to subordinate the judiciary to the will of the citizenry, as represented by the state legislature, Reid finds that judges managed to maintain their autonomy, subject only to the dictates of the law.
Автор: Miller Название: The Limits of Bodily Integrity ISBN: 1138271071 ISBN-13(EAN): 9781138271074 Издательство: Taylor&Francis Рейтинг: Цена: 8573.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Miller`s study argues that legislation on abortion, adultery, and rape has been central to the formation of the modern citizen. Case studies on the Ottoman Empire, Turkey, France, and Italy explore the international implications and address the role of sexuality and reproduction in constructing `civilizational` relationships.
Автор: Huda Al-Tamimi Название: Women and Democracy in Iraq: Gender, Politics and Nation-Building ISBN: 1788312805 ISBN-13(EAN): 9781788312806 Издательство: Bloomsbury Academic Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: As the post-invasion reconstruction of Iraq has unfolded, the potential for Iraqi women to participate actively and visibly in the country’s political structure has been one of its most notable results. The 2005 Constitution required that no less than 25% of seats in the Iraqi Parliament be filled by women. Yet despite subsequent parliamentary statistics suggesting great strides for female political participation, there has been a resounding silence on the wider implications of this quota for women in Iraqi political life. This book is the first full-length study of women’s political representation in Iraq. Based on interviews with politicians and substantial media analysis, Huda Al-Tamimi outlines the political, sectarian and cultural constraints facing female Members of Parliament, and the ways in which individual women and women’s organizations are actively challenging barriers to their political influence. The book is a vital contribution to discussions concerning the success and limitations of gender quotas in the Middle East. It also offers new and critical perspectives on the evolution of Iraqi politics, a subject that remains of high priority for a region and international community interested in the nation’s reconstruction.
Описание: Originally published in 1901, this book was formed from content of the Yorke Prize Essay for 1900. The text presents a discussion regarding the history of real and personal property legislation during the reign of Queen Victoria. This book will be of value to anyone with an interest in property law and legal history.
Автор: Jackson Charles O. Название: Food and Drug Legislation in the New Deal ISBN: 0691647879 ISBN-13(EAN): 9780691647876 Издательство: Wiley Рейтинг: Цена: 15466.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In June 1938, Franklin D. Roosevelt signed into law a new Food, Drug, and Cosmetic Act, the first major legislation regulating these industries since the 1906 Wiley law. Eliminating many serious and long-standing abuses in production, labeling, and advertising, the 1938 Act was, in the words of David L. Cowen, "a milestone in federal interest in consumer protection." Despite its importance to the American public, however, its passage was effected only after a long, complex battle between conflicting interest groups.
This volume is a study in depth of that five-year struggle, fully documented by records, correspondence, and publications, as well as a social history of the period. The author analyzes the inadequacy of the 1906 law, the roles of Franklin Roosevelt, Henry Wallace, and Rexford Tugwell, the American Medical Association, drug associations, and consumers' and women's groups. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Автор: Atilano Название: International Criminal Law in Mexico ISBN: 9462654573 ISBN-13(EAN): 9789462654570 Издательство: Springer Рейтинг: Цена: 13974.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law.
Название: Local Government, Local Legislation ISBN: 1138696110 ISBN-13(EAN): 9781138696112 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Нет в наличии.
Автор: Burrows Andrew Название: Thinking about Statutes ISBN: 1108465781 ISBN-13(EAN): 9781108465786 Издательство: Cambridge Academ Рейтинг: Цена: 4435.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This series of Hamlyn Lectures examines the topic of statute law from three distinct points of view: interpretation, interaction and improvement. It will appeal to law students, both undergraduate and graduate, political scientists, practising lawyers, and readers with a general interest in law.
Автор: Lambert Название: Bills and Acts ISBN: 052107679X ISBN-13(EAN): 9780521076791 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The eighteenth century witnessed both a notable increase in the amount of legislation passed in each parliamentary session as a response to the changing economic and social climate, and the development of new forms of parliamentary practice which foreshadowed the much better known innovations of the nineteenth century.
Автор: Carr Название: Delegated Legislation ISBN: 1316606902 ISBN-13(EAN): 9781316606902 Издательство: Cambridge Academ Рейтинг: Цена: 3008.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Originally published in 1921, this book provides an account of delegated legislation and its replacement of prerogative legislation. The benefits of delegation are discussed, alongside the ways in which liberties, if imperilled, can be protected by safeguards. Appendices are also included.
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