Law and Judicial Duty

✍ Scribed by Philip Hamburger

• Publisher: Harvard University Press
• Year: 2009
• Tongue: English
• Leaves: 704
• Category: Library

✦ Synopsis

Hamburger 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.

✦ Table of Contents

Contents
Preface
Introduction
I. Law
1. The Hierarchy of Law
2. The Shift toward Authority
3. Constitutions
II. Judicial Duty
4. Judicial Duty
5. Independent Judgment
6. Judicial Decisions
7. Authority to Expound Law
III. Judicial Duty as to Legislative Acts
8. No Appeal from Parliament
9. Colonial Departures
IV. Law and Judicial Duty in America
10. Law and Judicial Duty
11. Reason and Justice within the Law
12. The Range of Constitutional Decisions and the Character of Judicial Duty
V. Judicial Duty in America as to Legislative Acts
13. Holding Legislative Acts Unconstitutional
14. A Lopsided Debate
15. Not Holding Legislative Acts Unconstitutional
VI. Independence and Authority in America
16. Independence
17. Authority
VII. Inexplicit Ideals
18. The Inexplicitness of Constitutions
19. Federal Clarifications
Conclusion
Appendix I: Bonham’s Case
Appendix II: The Institutio Legalis: Law and Justice in New Jersey
Appendix III: Common Law Adjacent to Statutes: Religious Taxes in Massachusetts
Chronological Table of State Decisions
Index