Individual Rights and Liberties Under the U.S. Constitution The Case Law of the U.S. Supreme Court pot

1,141 443 0
  • Loading ...
    Loading ...
    Loading ...

Tài liệu hạn chế xem trước, để xem đầy đủ mời bạn chọn Tải xuống

Tài liệu liên quan

Thông tin tài liệu

Ngày đăng: 07/03/2014, 02:20

[...]... exercise of judicial review The cut-off date is January 1, 2006 The book has been based on an exhaustive research of the relevant materials, conducted mostly through computer databases In the interest of accuracy, the text stays close to, and often reproduces, the actual language of the Court s opinions In many cases, the presentation and analysis are based on the Court s own analysis and understanding of. .. the role of the independent judiciary within the constitutional scheme of tripartite government, and to safeguard litigants’ right to have claims decided before judges who are free from potential domination by the other branches of government.”1 The Supreme Court of the United States is at the top of the country’s judicial branch [A2] The Court consists of nine members, the Chief Justice of the United... United States and eight Associate Justices Justices of the Supreme Court are appointed for life by the President of the United States and must be confirmed by a majority vote in the Senate All of them have been lawyers, although the Constitution does not so require During the last decades, most of them have been selected among law professors and judges of state or lower federal courts Usually they are appointed... Individual Rights and Liberties Under the U.S Constitution a state and the federal government, does the Supreme Court have original jurisdiction For the most part, the Court adjudicates appeals on decisions of lower federal courts and state supreme courts.5 2 The Case or Controversy” Requirement a Introduction [A4] The case or controversy” limitation serves two complementary purposes It “limit[s] the business... previous publications include the following books (in Greek): Case Law of the Court of Justice of the European Communities and Essential Community Legislation Concerning Environment and European Community Law on Public Procurement xix PREFACE—ACKNOWLEDGEMENTS This is a treatise on individual rights and liberties, under the U.S Constitution, as interpreted by the federal Supreme Court It contains references... decision and the hardship to the parties of withholding court consideration.”18 As to the “fitness of the issues,” the Court takes into account that interpretation of legislation in advance of its immediate adverse effect in the context of a concrete case may involve too remote and abstract an inquiry for the proper exercise of the judicial function,”19 that the courts “would benefit from further factual... 523 U.S 726, 733 (1998) 10 11 4 Individual Rights and Liberties Under the U.S Constitution • d Standing i Constitutional Requirements [A8] The doctrine of standing is an essential part of the case- or-controversy require- The doctrine of “exhaustion of administrative remedies.” As analyzed in McCarthy v Madigan, 503 U.S 140, 144–49 (1992), The Court long has acknowledged the general rule that parties... part of the plaintiff’s case, each element [of standing] must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of litigation.”) 31 Fed Election Comm’n v Akins, 524 U.S 11, 20 (1998) 25 26 The U.S Supreme Court An Overview • 7 ble, as opposed to merely abstract, and the. .. determine whether the plaintiffs had standing to sue First, because a taxpayer alleges injury only by virtue of his liability for taxes, the Court held that “a taxpayer will be a proper party to allege the unconstitutionality only of exercises of congressional power under the taxing and spending clause of Art I, § 8, of the Constitution. ” Second, the Court required the taxpayer to “show that the chalWhitmore... 1, of the U.S Constitution states that the “judicial power of the United States shall be vested in one Supreme Court and in such inferior Courts as Congress may from time to time ordain and establish.” The federal judiciary constitutes one of the three co-equal branches of federal government and is independent from the executive and the legislature Article III, Section 1, “serves both to protect the .
- Xem thêm -

Xem thêm: Individual Rights and Liberties Under the U.S. Constitution The Case Law of the U.S. Supreme Court pot, Individual Rights and Liberties Under the U.S. Constitution The Case Law of the U.S. Supreme Court pot, Individual Rights and Liberties Under the U.S. Constitution The Case Law of the U.S. Supreme Court pot, Chapter 2. General Issues of Constitutional Rights, Chapter 4. Dignity and Worth of the Individual—Personal Inviolability and Liberty, Chapter 5. Substantive Guarantees Against Criminal or Civil Penalties, Chapter 6. Personal or Family Privacy and Autonomy, Chapter 8. Freedoms of Conscience, Thought, and Belief— Religious Freedom, Chapter 9. Freedoms of Speech, Press, Assembly, and Association, Chapter 10. Substantive Protection of Property Rights and Economic Interests