Zobrazeno 1 - 10
of 78
pro vyhledávání: '"Martin H. Redish"'
Autor:
Martin H. Redish
The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional d
Autor:
Martin H. Redish
The Adversary First Amendment presents a unique and controversial rethinking of modern American democratic theory and free speech. Most free speech scholars understand the First Amendment as a vehicle for or protection of democracy itself, relying up
Autor:
Martin H. Redish, Victor Hiltner
Publikováno v:
SSRN Electronic Journal.
Autor:
Martin H. Redish
Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely downplayed. The irony of this interpretive emphasis
Autor:
Martin H. Redish
For many years, commercial speech was summarily excluded from First Amendment protection, without reason or logic. Starting in the mid-1970s, the Supreme Court began to extend protection but it remained strictly limited. In recent years, that protect
Externí odkaz:
https://explore.openaire.eu/search/publication?articleId=doi_________::f069feb49a022a6e020fac0fe0fc056e
https://doi.org/10.1017/9781108277563
https://doi.org/10.1017/9781108277563
Autor:
Martin H. Redish
Procedural due process guarantees to individual members of the polity that government will treat each of them with fairness and respect when seeking to take their life, liberty, or property. Although enshrined in the US Constitution's Fifth and Fourt
Publikováno v:
SSRN Electronic Journal.
The study of federal jurisdiction has traditionally involved little more than a combined examination of judicial doctrine and policy. Under this approach, scholars study how the Supreme Court has decided to shape the jurisdiction of the federal court
Autor:
Martin H. Redish
Publikováno v:
SSRN Electronic Journal.
Virtually all constitutional scholars agree, and the Supreme Court has uniformly held, that our entire system of constitutional democracy is premised in important part on the dictate of judicial review, i.e., the power of the judiciary to exercise th