THE SEPARATION OF POWERS, COURT‐CURBING AND JUDICIAL LEGITIMACY ERRATUM
نویسندگان
چکیده
منابع مشابه
Historical Gloss , Constitutional Conventions , and the Judicial Separation of Powers
Scholars have increasingly focused on the relevance of post-Founding historical practice to discerning the separation of powers between Congress and the Executive Branch, and the Supreme Court has recently endorsed the relevance of such practice. Much less attention has been paid, however, to the relevance of historical practice to discerning the separation of powers between the political branc...
متن کاملGloss , Constitutional Conventions , and the Judicial Separation of Powers
Scholars have increasingly focused on the relevance of post-Founding historical practice to discern the separation of powers between Congress and the executive branch, and the Supreme Court has recently endorsed the relevance of such practice. Much less attention has been paid, however, to the relevance of historical practice to discerning the separation of powers between the political branches...
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What limits do judges have when creating specialty courts such as Veterans Treatment Courts (“VTCs”)? Many states have virtually no limits. I argue that states should enact legislation authorizing the creation of VTCs to maintain democratic legitimacy and ensure that the judiciary respects the separation of powers doctrine. VTCs represent an innovative and courageous approach to treat and rehab...
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The new Constitution of the Republic of Armenia was adopted by referendum held on July 5, 1995. This represented a historic event for both the people and the state of Armenia. Whereas the adoption of the Constitution and the parliamentary elections were indicative of the thrust to adopt democratic processes, they also laid the foundation of the state system in Armenia by establishing the consti...
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Recent scholarship suggests that the U.S. Supreme Court might be constrained by Congress in constitutional cases. We suggest two potential paths to Congressional influence on the Court’s constitutional decisions: a rational-anticipation model, in which the Court moves away from its preferences in order to avoid being overruled, and an institutional-maintenance model, in which the Court protects...
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ژورنال
عنوان ژورنال: American Journal of Political Science
سال: 2011
ISSN: 0092-5853,1540-5907
DOI: 10.1111/j.1540-5907.2011.00554.x