Constitutional Justice Under Old Constitutions

Front Cover
Elvind Smith
Kluwer Law International B.V., Sep 27, 1995 - Law - 402 pages
Constitutional Justice under Old Constitutions confronts different national experiences within the framework of a common subject matter, viz., questions arising from the application of old constitutional texts within one system or another of judicial review. Every chapter presents valuable materials and reflections for further exploration on a comparative as well as a national basis.

The countries covered are the United States, Norway, Belgium and France; all countries having an old constitution. The following questions are dealt with:

the emergence of judicial review of national legislation the interpretation of old constitutional texts complementary sources to old constitutional texts the application of old constitutions in modern societies the legitimacy of judicial review of legislation
 

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Contents

Limiting Majority Rule Alternatives
3
The Founding Fathers Marbury
23
The United States Congress Responds
51
The Breakthrough of Judicial Review
81
The Birth of Judicial Review of Legislation
113
The Emergence of Constitutional Justice
145
The Interpretation of the Declaration
161
The Constitution of the United
175
Copyright

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